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SHAWNAN CORPORATION - 1993-05-17
WHEN RECORDED MAIL TO= DOC # 95-01n412=6 CITY OF HUNtINGTON BEACH 0z--MAY-1995 09=�0 AM Office of the City Clerk P_ O Box 190 t_ ,- neCurueu in Ui �i�_lmj nt'c Url�� Huntington Beach, CA 92648 Gf t)rsnse "ounty! .131ifornia. e.a,ry L. Grapvlile, r-lerk-Rernrder NOTICE OF COMPLETION �d3z i 8f i �eeS: S V VV e r, NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SHAWNAN CORPORATION who was the company thereon for doing the following work to-wit= CENTRAL LIBRARY PARKING LOT EXPANSION PROJECT,CC-875 INTEREST: Easement That said work was completed May 1, 1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 1, 1995_ That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by law. R t This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 2nd day of May, 1995_ City Clerk and a-ofI"icio Clerk of the City Couneil`of the City of Huntington Beach;California STATE OF CALIFORNIA ) County of Orange } ss: City of Huntington Beach } 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-oificio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NO"I'iCE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County.by said City Council. Dated at Huntington Beach, California,this 2nd day of May, 1995.. City Clerk and-ex-otTicio Clerk of the Citv Council of the City of Huntington Beach, California g ce—pigs P�fi CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION hwnwG,a+RACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETE T O YMENT CC DATE: The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 1 0% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VI LELLA, Director of Finance I certify that no stop notices are on file on the s ject a this time. ,Date: fe;_� �~ Dk- L S JONE Pu is Works Director I certify that no stop notices are on a on the subject contract and that a guaranty bond has been filed. Date: A A CONNIE BROCKWAY, Co Clerk I certify that there are no outstanding invoices on file. �r Date: 41 S DON WATSON, City Treasurer 40titi042.01 03)14195 12:57 PM WHEN RECORDED MAIL TO- DOC ff 95—" 194l2U CITY OF HUNTINGTON BEACH 05—MAY—1995 09: 40 Ali Office of the City Clerk P. O- Box 190 nei--urpjV1 li. ui 11_1a1 Record s Huntington Beach, CA 92648 of t}r3n3e Count;, L131:#c,—,da Giry I . Granville? Clerk-Recofder NOTICE OF COMPLETION "a92 10# 1 Fe'rs: 3 �.QG T3:; 1 0 NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SRAWNAN CORPORATION who was the company thereon for doing the following work to-wit: CENTRAL LIBRARY PARKING LOT EXPANSION PROJECT,CC-875 INTEREST: Easement That said work was completed May 1, 1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 1, 1995- That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by Iaw. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 2nd day of May, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA } County of Orange } ss: City of Huntington Beach ) I, CONME BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 2nd day of May, 1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 8_emcptgs WHEN RECORDED MAIL TO: DOC 95-0+ 9411'u CITY OF HUNTINGTON BEACH OK-5—MAY-19c'S O 1: 40 A;f Office of the City Clerk r. �_ P. O. Box 190 n Curpi.1 iii u��atl_i Huntington Beach, CA 92648 „f Or3rs2 L3hfW .i3 Gary L. �if?P_:'1'ii�, C erk-Pe_'srder NOTICE OF COMPLETION "a3e i tii i rre5: i 0.v"0 73>: A'.00 NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SIIAWNAN CORPORATION who was the company thereon for doing the following work to-wit: CENTRAL LIBRARY PARKING LOT EXPANSION PROJECT,CC-875 INTEREST: Easement That said work%vas completed May 1, 1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 1, 1995. That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Or Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 2nd day of May, 1995- 00 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duty and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council- Dated at Huntington Beach, California,this 2nd day of May, 1995- City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California s-'-cPtBs CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 LETTER 4F TRANSMITTAL FAX (714) 374-1573 Attention: Date: To: � � � �G Project/C.C.#: . v Re: J*2-1w 4L4i We are sendmg you: kA ailBy Fax(Number of pages including this%beet:) We are hand delivering: ached ❑ Under a se ate cover via the following items: ❑ Shop drawings ❑ Print,; ❑ Plans u Samples Q Specifications ❑ Copy of letter ❑Change Order ❑Other: Copies # of Pages Description �� I These are transmitted as checked below: Vproval ❑Approved as submitted ❑ Resubmit copies for approval ur use ❑Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑Return corrected prints ❑ For review/comment ❑Other: Rerttarks: 4 1�0A&60—:5hA l By: 5079 Print N White or Customer/Consultant, Yellow ow City FROM:PUBLIC WORKS TO: 310 803 6025 APR 13. 1995 2:31PM »602 P.03 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on 7 r, P-roject No. Title hereby Certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title JO N A. SMITH, PRESIDENT APP.-13-1995 14:23 PUBLIC WORKS P.003 PROM*PUBLIC WORKS TO; 310 803 6025 APR 13. 1995 2:30PM a600 P.02 DECLARATION OF SATISFACTION OF CLAIMS i , state: (Name or contlactor ) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled C$-ITAAu Lifid&M,t(_, _ ,.-C Aj R,y and dated 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or items in- connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: ( if none, state `NONE` ) I declare under penalty of perjury that the foregoing is true and correct. Executed at 0 on this I_ day of 19gs . a u e of ContractorT_ �fl N A. SMITH, PRESIDENT APR-13-1995 14:22 PUBLIC WORKS P.002 CHUBB GROUP OF INSURANCE COMPANIES 0HU130 15 Mou1 ;wi View nrnirl. r(1 pr,. 1.15 FEDERAL INSURANCE COMPANY MAINTENANCE BOND Bond No. 8135-28-85 Amount $ Included Know All Men By These Presents, That we, Shawnan Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of One million seven hundred thirty seven thousand two hundred ten /&gDof�g (S 1,737,210.85 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 7 day of play , A.D. nineteen hundred and 93 WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated 19 for Parking Lot Improvements at the Central Library Facility and WHEREAS, the said Principal is required to guarantee the installed under said contract, against defects in materials or workmanship, which may develop during the period One year after the City's (Obligee`s) Acceptance of the Work APPROVED AS TO FOPJi a GAIL HUTTON CIT T iTY Byn Deputy City Attorney F(„-15 02-OM(Rev 4 90) (over) �E0 �S• NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sus- tain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Sha►cman Corporation ,,,,- rin 'pal 4�k" - By: Thomas S. Pack, Assist. Secretary FEDERAL INSURANCE COMPANY By: �( Doug A- Rapp Attorney in Fact POWER OF ATTORNEY Know an Men by these Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. Warren, New Jersey. an Indiana Corpora• :ion;has constituted and appointed. and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California---------- aach its tnre and lawful Attorney-in-Fact to execute under such designation in Its name and to affix its Corporate seal to and deliver for and on Its behalf as surety :hereon or otherwise, bonds of any of the kAlowing classes. to-wlt: 1. Bonds and Undertakings(other than Bag Bonds)filed in any suit,matter or proceeding in any Court,or Iliad with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or"agency thereof,including those required or permitted under the laws or regulations relating to Customs or internal RMnue;License and Permit Bonds or other Jndamnity bonds under the Laws,ordinances or regulations of any State.City,Town,Village.Board or other body or organization,public or private;bonds to Transportation Companies,lost Instrument bonds:Lass*bonds.Workers'Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs. Deputy Sheriffs and similar public officials. a Bonds on behalf Of Contractors In connection with bids, proposals or Contracts. In Wham 10omol.as/aw FEDERAL MsuruulCE COMPAKY has,purwara a Be w,armed erta thw►wrearhb to be atprhea by as Vha Pnawere rot Aweeara Secreary and Is oo+Pawlr ww be trwr'10~*w 30th day of June 'e 92 <<d L f ,Y * * FEDERAL MaURAMCE COMftNT �1'DIA er D txron a vice►rvetard AadMrM .TATE OF NEIY JEJIKY 1 u :ounty of Somerset j On ow 30 t:h car of June ,. 92 .a.hr.not ne,eo„rrt oche Riyhara D Orarha to rme turd-sh.red rr m.ano-rh o a Aaalwar s.o.s.r a tt+e F�IAL s1na1AI14,� .0VPWC Ir oar+on M *MftW h end wnleri sgemwd a+e[orrporg ft-w of tor,".sots ore said rtklurd o orCanw be"W me d.rp e-an.Wd**Pow end eq rear rr IS A&D &MEW 1 d Ore 'ECO)LU 8111U IAMN COMP*Jf and know an owvorala sew Uvrwal:eta V*aw 01bad 10 Cn b g*kg Poewr d Anomey r amh arporalw sea+Ina was Unrelo alrbad br buWar"d er arLa a of saw anpe ft or d"lw O p+w taw Pw wr d Aawney as Amial t Sactetay of am Company by sot auverer area um he Is aewtarhtwd wen James D D"n area knees wrn is N ter Vibe Ptealtlwn of Isla CowhpanF not VW the WipmA w of saw Jernes D Deem w+Nabed o awn Rw-r a Anwr+y le+n 0n gwnn*r hiumlov p d saw James D Own area was meem wubea+Na a&uow y of Lard brtaw VW rn as 0 11 Oseertm :Grano seal ALttrwwaeopwd ono S• a barons an Jf- •` pn nn am am. ND'rARr FI�JC _ AwCriA K Notary PubtrC Motafy Publ.C• Stale of l'b[F `tiara CERTWICATION ,TATE OF NEW JKFAZY Commission Exp 0A'j ,ounty of Somerset f i.b»whaenrp+ao.Aalstr+t Goon"of ahe FEDERAL WS~CE COMPANY.do nw.eDp ownry am pre baowmp as a trye ehhtsrpr Korn the erlu-s of the w+a Company alp I000w by of boe.d Of DYeam n Marca 2,19e0&Ad the Cra eras-y In tw ion and~ ARTUXE xVln Season 2.As ham undrtUove.eonnam and cow rmrumeras cow imam as mote for and an behall of oa Coro"W%W a is enArowea vy rft a as cerw w aeewte.may and end be whnaaacl Yn the mane area a Doha a do Company etuhr q the Chapman a ate Vice Chawmwn at Vn Prw Wwd or a Vbe Presoen.piny wO the Setnury a an Aastslare Seem" undo Ow reepeeirw 0@00%K10 M SoMp VW any Or*Or maw offims or aHQryyw•Y+ba OasiqrwAd in any mookMon clt ate Dora d Dawatons or the EsocL re Cofforiee.or M any pomp of wwwroy executed as pawed b w Gemkon 7 belie+nay wow s+y ouch Dbr+d,nandwrWMhp a otrtr obwpabn wa porwW In eud+resbk don a older d epaney Seetlon i AN pacers of abwrry lar and on W%W d ow Compaq rnry arw area be ernSAed rt tar name ens pre bona of as Cahg"errr by Pa Chgww of to Yde Chaimm or she Preaklm Or a Vbe Pwrart a en Awataaa vtn P*eawrL Jpatby wean trhw 5eaetry a N Apartrhr sla.urtr uncler a+.e nepeaa w deeapnYrorha TM syrtaurw d t uah asters may a.nprw+d.I+r tea a aawomphed The r¢yU/e a aadh d oa k)kmL a dllorc Cheemrt.Yen Crnrmaa Prerdrht erg V"Prwwprd.any Apytwra Yoe PnSoft "Sepryrtary.Pw Ae/rtam Spero"area Do Par d dhs Compaq may be rated by%cWnaa loony parr d aaaray a al amp cwrtaksla rstaeq mrwlo appo4[M 0 Aden rr seoetanae a AMYrAp4bA d b pupoese airy d man"and waurp tram and o+den&WW and Ww-*to abaprtay I,M rrwtre uwsd.rw ant.sirs+paw of enomey or oraaca4 bow"such lacernaa sonotum a worn ear end be oafs arid brw++e uporh she Comwny area any wa Oo+tsr se exaalted and nrttllwd ty w,erh taewrtras ehpnaus ard laawersw saw and be was and bii dw upon tit Carp"we reaped w any Doha or unariwrrhp w mark+a is euched' a tunher ow Wr rho"0 FEDERAL 90URAMCE OONMMY a dwy roared w bansact 6�iy and wary bulkon N•acre d the Stave to an V nmd Slaw d Amer",Dona of CotumWa.Pwww Rho,and each d to rvAnm of Carada weclh 0r esoaptom of Penn Eowrd Wend:and D wise cloy bnwd tw beco sole a+waty an Monde.undwtel npa.etc.pwnnancl Of rsound by 1ew a.lfhe uhaersiprhed AwaYnrs SecrataTlr a FIDERAL sauRANe[eowr,NY.oo t+aeW artap tow br 10rs0erh0 Ao-+r a Atwrrhwy w ti hoot loan Irho sheer Green when+rq thwrw wet tine ew d saw Company awarren-N J.an+a 7 day a MAY is 93 s � C -� \� � Aaalaterhl w• R f ht'81AM�` [D ..m tytb-pt 4ebi 6fa'fER1L(FORMERLY 71-+4-0333I u w :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No-s1a3 CALIFORNIA � OPTIONAL SECTION State of CAPACITY CLAIMED BY SIGNER County of LOS ANGELES Tha,gl atat►na dm not rvgLa OW Notary m fiu In the data below•doing ao may prove . rm&;eb+e to perjou npd-W+G on the doamarlL On "� 4� before me, STACY L. JACKSGN NOTARY PUBLIC ❑ INDIVIDUAL DATE NAME_TITLE OF OFFCER-E-G..*JANE DOE.NOTARY PUBLIC ❑CORPORATE OFFICER(S) personalty appeared Tn;nna,, S- Fack, ,'Iszist. Secretary NAMES)of%GNER[S] TITLE(s] ®personally known to me-OR -❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAWCONSERVATOR capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ❑OTHER: or the entity upon behalf of which the person(s) acted, executed the instrument. STA---Y L. 'C'<SON NAME IS REORENTENTING: + c WITNESS my hand and official seal. ''�' Shaman Corporation .ILIA { NOTARY PUBLIC• tA�:FCP.KIA -•- •— i LOS ANGELES COUNTY ? 4r Carom- Explras ism. 10. 1997 � W.MTUAE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TM-E OR TYPE OF DOCUMENT HCI+ �J LihTi �3 THE DOCUMENT DESCRIBED AT RIGHT: DATE OF DOCUMENT � NUMBER OF PAGES ? Though 74 UM reduMed hers is not requited by taw. SIGNERS}OTHER THAN NAMED ABOVE it Cou+d preverrt haudulent natnavnam of ttvs loan 01992 NATIONAL NOTARY ASSOCIATION•a238 Re a is Ave..P.O-Box 7184•Canoga Perm CA 91309-7164 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CAUFORNIA ) COUNTY OF Orange ) On - S/7/93 _ before me, Christine M. R4W, Notary Public , DATE NAME,TITLE OF OFFICER-EA L.•J"DOE.NOTARY PUKW ply appeared, Douglas A. Rapp perecnahl known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose hame(s)Istare aubeafbed to the wllhln kwtn ment and acknowledged to me that he/she/they executed the same In hlsft*rAheir authorized Capedty(lee),and that by h%ftwMeir signature(s)on the Instrument the person(s). or the entity upon behalf of which the persort(s)acted,executed the Instn,ment. WITNESS my hand and official seal. �j ,ter: . RRISTINF M. RAPP J`- NOTARY (SEAL) a MY Camrn�Expires JuOre st.9.1996 1 NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TIME OR TYPE OF DOCUMENT _ 1rety.J�Qnd DATE OF DOCUMENT NUMBER OF PAGES Council/Agency Meeting Held: .s MOW�� 9s Deferred/Continued to= XApproved ❑ Conditionally Approved I7 Denied City Clerk's Signature Council Meeting Date- 5/1/95 Department ID Number- 95-018 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r� SUBMITTED BY: MICHAEL T_ UBERUAGA, City Adminis for PREPARED BY: Les M. Jones, II, Director of Public Works SUBJECT: Central Library Parking Lot Expansion; CC-875 NOTICE OF COMPLETION FS_t1tM:nt1f issue,Funding Source,Reconmiended Action,Alternative Action,Analysis,Environmental Status,Attar- nt(s) Statement of Issue: The General Contractor for the City, Shawnan Corporation, has completed the Central Library Parking Lot Expansion project; Cash Contract 875. Funding Source: Sufficient funds were authorized and made available in accounts E-LX-PW-410-6-31-00 and E-SF-PC-875-6-32-00 for this project Recommended Action: 1 Accept the improvements of Cash Contract 875, Central Library Parking Lot Expansion, and authorize the City Clerk to file the Notice of Completion; and 2. Approve the project cost of $2,431,416.01_ Alternative Action Alternative Action(s): NIA • REQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: 95-018 Analysis: On May 17, 1993, the City Council awarded a contract to Shawnan Corporation for the Central Library Parking Lot Expansion project, Cash Contract 875. Shawnan Corporation has since completed the project and has fulfilled its obligation to the City per said contract. The base bid amount incorporated the removal and remediation of a certain amount of hydrocarbon contaminated soil. However, during the course of construction, a greater degree of contaminated soil was discovered. Unfortunately, this increased the amount required for removal and remediation, thereby increasing the project costs substantially and eventually causing the City to demobilize Shawnan Corporation for approximately 8 months. During this time, City staff explored alternative parking lot design configurations, worked with regulatory agencies on site contaminated closure requirements, and secured additional funding to complete any further construction activity. On October 10, 1994, the City re-mobilized Shawnan Corporation to complete the Central Library Parking Lot Expansion per the original design configuration and the addition of some special environmental closure requirements. Today the project is complete and ready for City acceptance_ Total City Council authorized project expenditure equaled $2,454,921.00. However, actual project expenditure equaled $2,431,416 01, for a difference and savings of $23,504.99. Environmental Status: NIA Attachments : City Clerk's Page Number 0011605-01 -2- 04/20/95 4:29 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Central Libra Parking Lot Expansion: CC 875 COUNCIL MEETING DATE: I May 1 , 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use • CONFORMED COP ; Mei Compered with Original THE ORIGINAL OF THIS [j%11wcUT WHEN RECORDED MAIL TO: WAS RE:ORDED 00 05-K+Y-1935. CITY OF HUN INGTON BEACH DOCWIEHT it Wpm °5-71U411$ Office of the City Clerk rA'P E. G~ 4VILI r ri rtr�r_�,�rnel�f o P. O. Box l90 OR CO�J1f1Y CiEM1K RE:7Ri�L"n'S OfFICE Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE 1S HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SHAWNAN CORPORATION who was the company thereon for doing the following work to-wit: CENTRAL LIBRARY PARKING LOT EXPANSION PROJECT,CC-875 INTEREST: Easement That said work was completed May 1, 1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 1, 1995. That upon said contract)t<ederal Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded frce of charge. Dated at Huntington Beach,California,this 2nd day of May, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss- City of Huntington Beach ) 1, CONNIE BROCKWAY, the drily elected and qualified City C1crk and ex-oflicio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 2nd day of May, 1995.. City Clerk and ex-off-icio Clerk of the City Council of the City of Huntington Beach, California g cc,--Pip CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 2, I995 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy-document number, recording date, book and page number. S' rely lours, Connie Brockway City Clerk CB:cc Enclosures (Telephone:714-5 3"227) WHEN RECORDED MAIL TO- CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SQAWNAN CORPORATION who was the company thereon for doing the following work to-wit. CENTRAL LIBRARY PARKING LOT EXPANSION PROJECT,CC-875 INTEREST: Easement That said work was completed May 1, 1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 1, 1995. That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 2nd day of May, 1995- City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY,the duly elected and qualified City Clcrk and ex-offncio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council Dated at Huntington Beach, California, this 2nd day of May, 1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ,LI'PItUVED BY CITY COUNCIL 9 c -Y Request for City Council Action ` September 19, 1994 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Ray Silver, Assistant City AdministratorlActing Director of Public Workscrrl Ron Hayden, Director of Library Services Subject: CENTRAL LIBRARY PARKING LOT EXPANSION; CC-875 RESUMPTION OF CONSTRUCTION Consistent with Council Policy? [X j Yes [ ] New Policy or Exception Statement of Issue. Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Phase II of the Library Expansion Project provides for the construction of the parking lot. The original contract with Shawnan Corporation was for $1,737,211. To date, change orders have amounted to $203,720. Soil analysis of the remaining site determined that environmental closure was necessary before the parking lot could be constructed. Relocation of the contaminated soil, environmental closure and construction of the lot will amount to $528,950, which will bring the total change order cost to $729,570. This brings the total authorized contract for Phase II, Library Parking Lot, with Shawnan Corporation to $2,266,161. RECOMMENDED ACTION: 1. Authorize the increase of the change order limit on the Central Library Parking Lot Expansion, CC-875, from $203,720 to $729,570. 2. Increase the parking lot budget with S75,000 in F.Y. 94-95 Gas Tax Funds to reconstruct the entry road from Gothard Street into the parking lot. ANALYSIS: The Phase I Central Library Expansion Project (the building phase) is complete. The notice of completion for the Gentosi contract has been fled. City crews are accomplishing work to comply with final Fire Code Requirements. The Fire Department is scheduled to sign-off on all aspects of the building project on September 16th. Phase 11 of the project is the construction of the parking lot expansion The Santa Ana Regional Water Quality Control Board approved the City's Bio-remediation Plan on August 81h. On August 15th, Geoscience Analytical, Incorporated began the bio- / �- Request for Council Action Central Library Parking Lot Expansion September 19, 1994 Page 2 remediation of the contaminated soil on the mushroom farm site. The remediation should be completed by March 15, 1995_ City staff has negotiated and reached tentative agreement with Shawnan Corporation, the City's contractor for the parking lot expansion, for Change Order No. 4 in the amount of $126,131 and Change Order No. 5 in the amount of $62,048.90 covering an extensive series of changes relating primarily to contaminated soil removal and associated de-mobilization. These two change orders cannot be executed until the City Council raises the project change order limit accordingly. These two amounts added to the other funds required to complete the parking lot, total $528,950. The new amended authorized contract amount with Shawnan Corporation would then be $2,266,161, of which $729,570 is the new total for change orders. Secondly, the Public Works Department has included in the proposed F.Y. 94-95 budget, $75,000 in Gas Tax Funds to reconstruct the entry road from Gothard Street into the Library. This road is in a highly deteriorated state and constantly getting worse. It would be advisable to perform the construction with this contract at agreed upon costs for the necessary bid items. This would be a time saving and cost-effective approach. Staff is, therefore, recommending adoption of this part of the 94-95 budget to be included within the parking lot project. FUNDING SOURCE: There are sufficient funds to pay Shawnan Corporation up to $2,266,161 from the funds appropriated by Council to date, along with $100,000 from the settlement the City will have from the architects, Anthony 8r Langford. Gas tax funds, amounting to $75,000, are identified in the proposed 94-95 City budget. ALTERNATIVE ACTIONS: Rebid the remainder of the parking lot project_ This would lose about two months in the process. The prospect of saving any money by rebidding is speculative. ATTACHMENTS: Project schedule Change order breakdowns MTUIRSf-REE/lb ErchblammemosVibrca I 094 1995 ACTIVITY START FINISH ,UN JUL AUG s�P OCT NOV oEc JAN FEB MAR API? AJZC14TECT ERROR E OMIS51ON MEDIATION 29AUG94 ARCHITECT E E O MEDIATION CELNG PANEL MATEEQIAL Fj==C. 22AUG94 CEILING PANEL MATERIAL REC. PRE HYDRANT RELOCATION - PLAZA ENTRANCE 12SEP94 I6fP94 CMFI2E HYD12ANT QELOCATK7N j CELNG PANEL NSTALLATION 12SEP94 15SEP94 ra CEILING PANEL INSTALLATION SMOKE DETECTOR TAL1_ATION r2SEP94 l EP94 ® SMOKE DETECTOR NSTALLATION tDING SIGN-OFF - FRE DEPARTMENT 16SEP94 BIJILDNG'SIGN-OFF - FIRE QEPARTMENT 1: CASH CONTRACT 875 AS-BUI_TS COMPLETE BY ARCHITECT. 6JUL94 I$AUG94 P AS-BUILTS COMPLETE BY ARCHITECT ^FNAL 64AI GE ORDER NEGOCEATION LLL94 31AUG94 MYMMMM FINAL CHANGE ORDER NEGOCIATION CONTRACT TE=QMNfATION WO12 CONTRACT TERMINATION *OR QE•MOB>LIZATION - F EXPANSION QE-MOBILIZATION QWUNI) WATER I T]ON ON-SITE GROUND WATER AMPL 29AUG94 31AUG94 ON-SfTE GROUND WATER SAMPLING ANALY FNAL REPORT ISEP94 15SEP94 VM ANALYSIS E FINAL REPORT BIO-REMEOIATION - M414ROOM FARM AREA 15AUG94 15MA1295 REMEDIATION PLANS SPECF AT 22A 94 30SEP94 �llllla PLANS E SPECIFICATKX45 )K'CONSTZUCTJON RE-MOBILIZATION CCT94 23JAN95 CONSTRUCTION Pal CONSTQL)CT10N TERMNATION 7DEC94 25MA295 IK CONSTRUCTION ' 0 r-WE UBE PLC MIAW 1 0MM%CTOFk OMWLE"M DATE 8 WFEBW P Voe F1E-AD'vEfM3F_GOAPLEf10N DATE B VAPFW CENTRAL LIBRARY EXPANSION PROJECT �•� CITY OF HUNTINGTON BEACH Cj-NAMFzr,-1CrA75%?KFlrW#: SUMMARY SCHEDULE nr-PAVTkAF=Krr nF= P, n r wroeq CENTRAL LIBRARY PARKING LOT EXPANSION C.C. No. 875 Revised Change Order No. 4 11-Aug-94 Revised Exhibit A Page 1 of 1 Change Order Amount Requested Amount Approved Amount Accepted Request No. by.S,Uw'nan by City by SUviban 25.1 S 1,872.62 S 1.837.68 S 1.837.68 26.1 S 875.08 S 875.08 S 875.08 39.2 S 4,231 .95 S 4.231.95 S 4,231.95 41 S 239.83 S 175.17 S 175.17 42 S 180.89 $ 116.70 S 116.70 44 S 652.13 $ 581.85 S 581.85 45 S 7,750.46 $ 7,682.28 S 7,682.28 46 S 747.29 $ 677.50 S 677.50 48 S 1.274.87 S 1.274.87 S 1,274.87 50 $ 750.10 S 750.10 S 750.10 52 $ 440.40 S 440.40 S 440.40 53 S 2.734.63 S 2.734.63 S 2.734.63 54.1 S 61.009.05 S 55.740.05 S 55,740.05 56 S 417.95 S 417.95 S 417.95 58 S 77.95 S 77.95 S 77.95 66 S 57,419.86 S 45,712.80 S 45,712.80 67 S 1,923.44 S 1,923.44 S 1,923.44 69 S 888.80 S 880.80 S 880.80 Tvta1 �.. 143497.30 S ... .126,131.20 S 126131-.20 Change Order Request Summary: Total Negotiated Amount Requested To Date S 556,946.00 $ 329,852.00 CENTRAL LIBRARY PARKING LOT EXPANSION C.C. No. 875 Change Order No. 5 24-Aug-94 Exhibit A Page 1 of 1 Change Order Amount Requ-,stcd Amoum Approved. Ama= Accepted Request No. by Shaw by City by Shawran 5 S 1,665.00 S - S - 8.3 S 2,564.70 S 2,400.()0 S 2,400.()0 29.1 S 6,462.82 S 6,462.82 S 6,462.82 30 S 8.011.78 S 6,739.12 S 6.739.12 31 S 4.687.94 S 3,924-34 S 3.924-34 32 S 9.314.72 S 8,805.68 S 8.805.68 36 S 1,055.45 S 1,055.45 S 1,055.45 40 S 203.60 S 203.60 S 203.60 43 f S 133-91 S 133.91 S 133.91 47 S 718.14 S 718.14 S 718.14 51 S 388.85 S 388.85 S 388.85 54.1 S 741.33 S 741.33 S 741.33 55 S 1.182.68 S 1,182.68 S 1,182.68 72 S 1,958.90 S 1,958.90 S 1,958.90 73 Ls 1,899.81 S 1.535.20 S 1,535.20 74 S 3,835.19 S 3,105.00 S 3.105.00 76 S 2,492.70 S 2.480.39 S 2,4 80.39 77 k S 532.59 S 532.59 S 532.59 78 S 2,931.50 S 2,931.50 S 2,931.50 79 S 680.64 S 680.64 S 680.64 80 S 272.95 S 272.95 S 272.95 81 S 141.69 S 121.99 S 121.99 82 S 21444.20 S - S - 83 S 975.28 S 975.28 S 975.28 84 S 1,439.86 S 3,439.86 S 1,439.86 85 S 719.93 S 621.00 S 621.00 86 S 49,605.90 S 25,000.00 S 25,000.00 87 S 27,693.49 S 16.359.48 S 16,359.48 88 S 10,239.28 S 3.613.31 S 3,613.31 F.O. „ 28 S 1,200.00 S 1,200.00 S 1,200.00 Contract Credits S (33,535-11) S (33.535.11) S (33,535.I1) Totals s 112,659.72 S 62,048.901 S 62,048.90 Change Order Request Summary: TOW Nego6and Amount Requested To Date S 556.946.00 1 S 391.900 90 Filename- xis REQUEST FOR CITY COUNCIL ACTION Date October 4, I993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Adminis for Prepared by: Ron Hayden, Director, Library Service. Subject: Louis F. Sandoval, Director of Public ks CENTRAL LIBRARY PARKING LOT; CC 875 Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source,Altema i I 19fa Cn CLF K STATEMENT OF ISSUE: "the change order and supplemental expenditure budgets for Phase lI of the Central Library Parking Lot must be increased to complete the project. RECOMMENDED ACTIONS: l. Increase the change order budget from $86,860 to $173,720. 2. Increase the supplemental expenditure budget from $51,000 to $75,000. `M c N z - ANALYSIS: =`_=. + Cn On May 17, 1993, Council awarded a contract to Shawnan Corporation for the construct iof lof n: ,; rn the Central Library Parking Lot in the amount of S1,737,211. This contract included $86,860 for. anticipated change orders and S51,000 for supplemental expenditures. - Based on actual costs to date, coupled with pending expenses, the budgets for change orders and supplemental expenditures must be increased to complete the project. Pursuant to Resolution 4896, the Director of'Public Works is authorized to spend up to 10% of the contract amount for change orders. Expenditures greater than $50,000 must have prior Council approval. Council authorized a 5% change order budget, or$86,860 upon contract award. Approved change orders now total $64,742. However, our potential change order liability will exceed our approved budget of S86,860. Therefore, staff recommends that the budget be increased to $173,720. This increase represents 10%of the contract cost which is the percentage typically budgeted for change order expenditures. Supplemental expenditures may continue to increase until all technical services, associated with methane mitigation, are complete. The scope and severity of methane gas is unknown; however, staff anticipates that an additional $24,000 will cover all probable costs. The Central Library Parking Lot Project cannot ! O P10 5/85 be completed without these increased budgets; therefore, the Directors of Library Services and Public Works request approval of recommended actions one and two. FUNDING SOURCE: City staff has requested the contractor to delete some improvements covered by contract costs. The deletion of these improvements (including street paving, traffic signal modifications at Gothard/Talbert and library fountain work) will result in a net savings of approximately $110,000. Therefore, the additional increase of$86,860 for change orders, and $24,000 for supplemental expenditures, will be offset by the deletion of contract work. No additional funding is required. ALTERNATIVE ACTIONS: l. Deny recommended increases and do not complete parking lot. ATTACHMENTS: MTU:RH:gc T �_DPcJ REQUEST FOR CITY COUNCIL ACTION s� Date May 17 , 1993 Submitted to: Honorable Mayor and City Council �t x Submitted by: Michael T. Uberuaga, City Adminis a r " Prepared by: Ron Hayden, Director, Library Servi i r Louis Sandoval , Director, Public Wow Subject: �- �U, CENTRAL LIBRARY PARKING MASTER PLAN PROD �rpltOy�9CAJ 19Y Consistent with Council Policy? [ ] Yes [ } Nerw Policy or Ex cap on � Statement of Issue, Recommendation, Analysis, Funding Source, Alternative ctions,A en G STATEMENT OF ISSUE: On April 23 , 2993 , the City opened bids for the construction of the Central Library Parking Master Plan (Phase II) construction project and the low bid needs to be approved before proceeding. RECOMMENDED ACTION: 1. Accept the low bid and award a construction contract to Shawnan Corporation. 2 . Appropriate $1, 875, 070 into Library Expansion Fund Account # ELXPW410631 . 2 . Authorize the Director of Public Works to expend $1, 875, 070 to cover contract costs of $1, 737 , 210 estimated change orders of $86,860, and anticipated supplemental expenditures of $51, 000. ANALYSIS: On March 6, 1993, Council approved the plans and specifications for the Central Library Parking Master Plan (Phase II) and authorized the Director of Public Works to solicit bids for construction. Pursuant to Council authorization, bids, as summarized below, were received and opened on April 23 , 1993 in the Council Chambers. Contractor Base Bid Amount 1. Shawnan Corporation 11737,210 2 . Wakeham-Baker Inc. 1, 737 ,413 3 . Roman-Ford 1,781, 897 4 . Premier Engineering Inc. 1,810, 877 5. Terra Cal Construction 1,822, 837 6. E. A. Mendoza Contracting 1, 882, 495 7 . Hillcrest Contracting Inc. 1, 915, 305 8. Clayton Engineering 1,923 ,885 9 . C.A. Rasmussen, Inc. 1, 927,458 la . Excel Paving Co. 2 , 082 ,872 11 . Clarke Contracting 2 , 458, 031 12 . Sully Miller 2 , 562, 618 PI O 5/65 .. ti Base bid amount includes the construction of: 700 parking spaces, street work, traffic signal modification at Gothard and Talbert, retaining walls, sidewalks, irrigation, landscaping, rehabilitation of pools and fountains, methane mitigation, and the remediation of contaminated soil. In addition to the base bid, four additive alternates were solicited, including construction of sidewalks and landscaping on a section of Talbert Road leading into parking lot. Due to cost concerns, all additional alternatives (see Exhibit A) were rejected and only the base bid contract is recommended. Subsequent to the bid opening, a committee, comprised of the Library Director, the Public Works Contract Administrator, Montgomery Watson's on--site Construction Manager, and Architects from Anthony and Langford, AIA, reviewed the bids. Based on this review and the project budget, the committee recommends the selection of Shawnan Corporation for the base bid amount only. Phase II work is expected to be completed in time for the opening of the Library Expansion in October, 1993 . FUNDING SOURCE: Architect's Cost Estimate The architect's cost estimate of $1, 500, 000, prepared in 1991 did not include the reconstruction of the entry roadway off of Gothard Street, modification of traffic signals at Gothard and Talbert, and the specific costs of mitigating the methane gas and remediating the contaminated soil (Note: methane and soil remediation costs were not available at time of project cost estimate because governmental agency approvals of plans/specifications had not been obtained) . Contract Costs Contract Amount $1,737, 210 *Anticipated Change Orders 86,860 **Supplemental Expenditures 51, 000 $1,875, 070 *Resolution 4896 authorized the Director of Public Works to spend up to 10% of the contract amount, not to exceed $50, 000 for Change Orders. Staff recommends a budget equal to 5% of the contract amount. Examples of possible Change Orders include such things as changes in field conditions, unavailable materials, weather delays, errors in the plans and changed city requirements. **Miscellaneous soils testing, Edison electrical hookup and water service, etc. Costs include $26, 000 for geotechnical and environmental methane and contaminated soil inspection. Source of Contract Revenues The following is a summary of the approved Phase I Expansion construction and the recommended Phase II Master Parking Plan funding: Approved Phase I Expansion Construction Funding 1, 954 , 000 Fund balance as of 6/30/92 5, 142, 000 Estimated revenue including transfers - $5, 000, 000 Certificates of Participation 100, 000 Community Enrichment Library Fee 42, 000 Miscellaneous Donations - 6, 338, 000 Encumbrances/appropriations $ 758,000 Budgetary fund balance Recommended Phase II Parking Funding 758, 000 Balance from Phase I $1,209, 300 New Revenue FY 1992/93 $ 250, 000 Interest 5, 300 Parking Meters 60, 000 Library Service 894, 000 Donations $1,209, 300 New Revenue Total $1,967, 300 TOTAL PHASE II FUNDING ALTERNATIVE ACTION: 1. Select second lowest bid and proceed with the renovation. 2 . Reject all bids and do not proceed with the project. ATTACHMENTS: 1. Central Library Parking Master Plan 2 . Exhibit A: Additive Alternates MTU:RH:gc . I I4 _ illll � � il ' Illl .` I I ill II � 7� LibRARX a � n! ! I f ', 'try� �-��3�L�--`��a �• � � �i � -'�� F' OP iAl i CITY OF HUNTINGTON BEACH HUNTINGTON BEACH LIBRARY ADDITION ANTHONY AND LANGFORD/ARCHITECTS SITE PLAN Exhibit A: Additive Alternates to Base Bid Additive Alt.#I Additive Alt.#2 Additive Alt.#3 Additive Alt.#4 Base Bid Plus (Sidewalk N/S (Landscaping N/S (Sidewalk S/S Irrigation Alts. 1-4 Contractor Base Bid of Talbert) of Talbert) of Talbert) Mitigation Trench) 1 . Shawnan Corporation 1,737,210 13,035.20 27,000.00 20,656.80 187,295.00 1,985, 197.85 2. wakeham-Baker Inc. 1 ,737,413 14,811 .65 28,500.00 22, 183.60 57,263.00 1,860, 171.35 3. Roman-Ford 1,781,897 38,381 .06 21 ,350.00 43,014.64 98, 102.48 1 ,982,745. I9 4. Premier Engineering Inc. 1,810,877 14,916.04 25,068.75 28,180.14 66,972.70 1,946,014.63 5. Terra Cal Construction 1 ,822,837 13,000.00 16,000.00 18,000.00 273,800.00 2,143,637.60 6. E.A. Mendoza Contracting 1 ,882,495 19,064.60 20,000.00 26,276.40 55,230.40 2,003,067.25 7. Hillcrest Contr. Inc. 1 ,915,305 15,672.24 29, 100.00 20,616.84 129,075.46 2,109,769.70 8. Clayton Engineering 1,923,885 18,794.00 21 ,500.00 24,896.00 65,409.00 2,054,484.50 9. C. A. Rasmussen, Inc. 1,927,458 16,399.90 29,100.00 18,492.00 111,397.00 2,102,847. 10 10. Excel Paving Co. 2,082,872 15, 114.50 19,939.00 22,282.00 136,127.40 2,276,335.55 11 . Clarke Contracting 2,458,031 14,000.00 33,000.00 18,900.00 101,000.00 2,624,931.35 12. Sully Miller 2,562,618 15,994.00 30,000.00 21,396.00 270,006.40 2,900,015. 15 lflCITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION "O"INCKW{EACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED FUNDING FOR PARKING LOT IMPROVEMENTS AT THE CENTRAL LIBRARY FACILITY, FIS 93-59 DATE: MAY 7, 1993 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $1 ,875,070 to provide for the construction of Parking Lot improvements as well as other related costs deemed necessary to insure the success of this material undertaking (see RCA for details . Upon approval of the City Council , the balance of the undesigna d, unreserved Library Expansion Fund will be reduced to $2 R J. FRA Deputy City A ministrator RJF:skd WPADSERT: 1434 1 t , CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the !lolmnkny JS" 7Fk V 0R0p THkaig J1l l tillm 1r V DRK from CASH CONTRACT No. 875 in the CITY OF HUNTINGTON BEACH [A-' i17*?l \00 L 0 0 2000 MAIN STREET I-IUNTINGTON BEACH, CALIFORNIA 92648 714/536-5431 BIDS DUE: APRIL, 20, 1993 2:00 P.M., 2ND FLOOR City Clerk's Office LOUTS F. SANDOVAL, DIRECTOR DEPARTMENT OF PUBLIC WORKS {CC875-SPC) v«_ i_io CITY OF HUNTINGTON BEACH CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the CENTRAL LIBRARY EXPANSION PHASE II - SITE WORK from CASH CONTRACT No. 875 Prepared Under the Supervision of. CAl Wilfred M. Noble, Jr., AIA, Architectural License No. C4405 Appro P m ryp.9-30-93 Robert E. Eichblatt, City Engineer, R.C.E. No. 20921 Date NOTE - If there are any questions relative to this project, please call: l) Don Noble at CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 Main Street Huntington Beach, CA 92648 714/536-5441 or 2) Michael Holmes ANTHONY AND LANG FORD/ARCH ITECTS 16152 Beach Boulevard, Suite 201 Huntington Beach, CA 92647 714/848-1818 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS A-1 SECTION B INSTRUCTIONS TO BIDDERS B-I 1. Proposall=orms B-1 2. Proposal Guarantee B-1 3. Proposal Signature B-1 4. Delivery of Proposal B-2 5. Return of Proposal Guarantee B-2 6. Taxes B-2 7. Disqualifications of Bidders B-2 8. Contractor's License Requirement B-2 9. References B-3 10. Listing of Subcontractors B-3 11. Discrepancies and Misunderstandings B-3 12. Equivalent Materials B-3 13. Legal Responsibilities B-3 14. Award of Contract B-4 15. Material Guaranty B-4 16. Execution of Contract B-4 17. Submission of Bonds and Insurance B-4 18. Addenda B-5 19. Scope of Work B-5 20. Examination of Plans, Specifications, Special Provisions, and Site Work B-7 21. Substitutions B-7 22. Summary B-8 HUNTINGTON BEACH LIBRARY EXPANSION PHASE 11 - SITE WORK TABLE OF CONTENTS- 1 SECTION C PROPOSAL C-1 Bid Schedule C-Is - C-6s List of Subcontractors C-3 NoncoIlusion Affidavit C-4 Utility Agreement C-5 Disqualification Questionnaire C-6 Compensation Insurance Certification C-7 Underground Service Alert - I.D. Number C-S Bidder's Information C-9 HUNTINGTON BEACH LIBRARY EXPANSION PHASE II - SITE WORK TABLE OF CONTENTS-2 SECTION A NOTICE INVITING SEALED BIDS for the CENTRAL LIBRARY EXPANSION PRASE II - SITE WORK CASH CONTRACT No. 875 in the CITY OF IIUNTIiNGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above-stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on April 20, 1993. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available at the office of the Architect, Anthony and Langford/Architects, 16152 Beach Boulevard, Suite 201, Huntington Beach, California, telephone 714/848-1818, upon payment of a $80 non-refundable fee, per set, if picked up, or payment of a $100 non-refundable fee, per set, if mailed. Please note that the Architect's office hours are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m, to 12:00 noon on Fridays. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of worker needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. A-1 l The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a Class A State Contractor's License at the time this contract is awarded. The successful Contractor and the subcontractors will be required to possess business licenses from the AGENCY. A pre-bid conference/job walk will be held at the existing Central Library facility at the south Parking Lot of the Library on Thursday, April 8, 1993, at 10:00 a.m. The meeting will enable the bidders to acquaint themselves with the existing conditions at the site, and will give the bidders the opportunity to ask questions. All bidders are strongly advised to attend. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 15th day of March, 1993. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 t SECTION B INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORMS Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which- shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents arc invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than I0% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 15 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. PRQEQSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for CENTRAL LIBRARY EXPANSION PHASE II - SITE WORK in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposal will not be considered. 5. RFMRN OF PROPOSAL GUARANTEES The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as prime contractor. 8. CONTRACT R'S_LICENSE REQUIREMENT This project requires the contractor to posses a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. B-2 9. REFERENCES All reference information called for in the bid proposal must be submitted with the bid proposal. 10. LISIMG OF S,JIB!QNTRACTORS Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Wort: must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. E-QU'IVi&LENT MATERIALS Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. B-3 14. AWARD OF CONTRACT The award of contract, if made, will be to the Iowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. MATERIAL GUARANTEE The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. EYF(UTION OF CONTRACT The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications ,lithin 10 working, days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. SUBMISSION OF BONDS AND INSURANCE The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. B-4 18. ADDFNDA The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contact documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. Addenda will be mailed or delivered to all who are known by the issuing office to have received a complete set of Bidding Documents. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. No Addenda will be issued later than five working days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. 19. SCOPE OF WORK GENERAL: The Work consists of the construction of a parking lot and its associated feeder roads in support of the building portion of the Huntington Beach Central Library Expansion project and all appurtenant work in connection therewith. The Work shall completed on or before September 1993 as indicated in the General Conditions. CONTROL OF WORK: The City shall decide all questions which may arise as to the quality of, and acceptability of the materials and work. Control of work, equipment, and inspections shall conform to Section 2 of the Standard Specifications. WORK ITEMS: Use the following definitions and quantities as a basis for the Bid. BASE BID - Parking lot, entrance from Golden West Street, and road (along with curb and gutter) from Gothard Street. BASE BID C1 3" AC Over 6" AB 228,610 S.F. C2 4" AC Over 8" AB 40,100 S.F. C3 4" AC Over 12" AB 44,518 S.F. C4 6" Curb Type "B-2" (201) 9,135 L.F. C5 6" Curb and Gutter Type "C" (204) 400 L.F. C6 8" Curb and Gutter Type "A-2" (203) 1,973 L.F. C7 12" PVC Storm Drain Line 128 L.F. CS 15" PVC Storm Drain Line 155 L.F. B-5 + � �Y'Lif' :izr-�:s1.t:a4;rF• x:'f',:= i;i..[ir::ii:i�.� - ,.sy[ '}..'i}'f,i'a%1�! i..-,i �,'r`;4. •-�� t.a:-p'f• a,. r�� �r� t r i ." y. ? j ,s / y y}� .0 p} 7i ,•.+ 9¢E -�' 3 q 3a '�'�8 r> �G 1► :,' 5 .�`.�F: :+'.f3� ;1'.'} ![ ,;� F `^ice '.Z!�`I� T3' s7 ' f ,[L w� y::..i. }� p ,., �, .r C9 18" RCP 149 L.P. C10 Catch Basin 301 (10') 4 Ea. C11 Catch Basin 301 (15') 1 Ea. C12 Catch Basin Per Detail 1 Ea. C13 Concrete Retaining Wall 277 L.P. C14 PCC Outlet 1 Bs. C15 Concrete Sidowalk- 4" PCC 4,490 S.F. C15A Concrete Sidewalk- 6" FCC 10,870 S.F. C16 Concrete Driveway (210) 190 S.F. C17 Concrete Driveway (210A) 965 S.F. C19 Concrete Curb Access Ramp 212A 5 Ea. C19 Concrete Curb Access Ramp 212C 1 PA. FC20 CalTrans Concrete Wheelchair Access Ramp 4 Ea. C21 Trough Drain 45 L.F. ` C22 Demolition Lump Sum I C23 Relocate Existing Chain Link Fence Lump Sum C24 Miscellaneous Relocations Lump Sum C26 6" PVC Perforated Sub-Drain Llrze 622 L.P. C27 8" PVC Sub-Drain Line 503 L+F, C29 6" PVC Sub-Drain Line 533 L.P. C29 Pea Gravel 10,006 S.P. MI Methane Venting System Lump Sum ' G1 Farthwork- Cut 30.000 C.Y. 02 Earthwork - Fill 15,000 C.Y. e SR1 Remediation of Contaminated Soil 13,100 C.Y. Ll Landscaping Lump Sum 11 Irrigation Lump Sum Al Architectural Lump Sum i i B-6 ' Addendum No. 5 Revision 1 ` .� 4y !j--��.ty s?l� f-�'�+:s: It �- ' �i! � •fit •{N'p`ifSr' rr �' C \-frrV� iy ��{.l� ��K.4{ r �s 1• . i. .�s� "+ { r} :alx, Q �i1 :�.1 :: K.Mry1S / rLi El Electrical Lump Suns CS Traffic Signal Lump Sum ADDITIVE ALTERNATE NO. 1 - Construction of sidewalk on north side of road: CI5.1 Concrete Sidewalk (207) 5,647 S.F. C22.1 Demolition Lump Sum f C24.1 Miscellaneous Relocations Lump Sum ` ADDffWE ALTERNATE NO. 2 - Addition of land scapinglirrigatlon on north side of toad: L1.2 Landscape Lump Sum 11.2 Irrigation bump Sum ADDITIVE ALTERNATE NO. 3 - Construction of sidewalk on south side of road: C15.3 Concrete Sidewalk (207) 6,348 S.F. C22.3 Demolition Lump Sum C23.3 Relocate Existing Chain Link Fence Lump Sum C24.3 Miscellaneous Relocations Lump Sum ADDITIVE ALTERNATE NO. 4 - Construction of irrigation mitigation trench along southerly border of project: C26.4 6" Perforated Sub-Drain I.Ine 1,274 L.F. C29.4 Pen Gravel 18,854 S.F. LIA I.andscaping Lump Sum 11.4 Irrigation Lump Sum l F 7 Addendum No. S Revision i l ADDITIVE ALTERNATE NO. 1 - Construction of sidewalk on north side of road: C15.1 Concrete Sidewalk 5,647 S.F. C22.1 Demolition Lump Sum C24.1 Miscellaneous Relocations Lump Sum ADDITIVE ALTERNATE NO. 2 - Addition of landscaping/irrigation on north side of road: L1.2 Landscape Lump Sum 11.2 Irrigation Lump Sum ADDITIVE ALTERNATE NO. 3 - Construction of sidewalk on south side of road: C15.1 Concrete Sidewalk 6,348 S.F. C22.1 Demolition Lump Sum C24.1 Miscellaneous Relocations Lump Sum C25.1 Relocate Chain Link Fence Lump Sum 20. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL.PROVISIONS._AISM SITE OF WORK The Bidder shall examine carefully the site of the work contemplated and the Plans, Specifications and Contract Documents, therefor. It will be assumed that the Bidder has investigated and is satisfied as to the general and local conditions to be encountered, the character, quality and quantities of the Work to be performed and materials to be furnished, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, and the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facia evidence that the Bidder has made such examination. No verbal agreement or conversation with any office, agent or employee of the City either before or after the execution of this Contract shall effect or modify any of the terms or obligations herein contained. Copies of the Plans and Specifications are available at the office of the Architect as indicated in the Notice Inviting Sealed Bids. In addition, the City will have available for examination, copies of the drawings of the existing building and copies of the Soils Report. Arrangements can be made to enable Bidders to purchase copies of these documents. If any Bidder should find discrepancies in, or omission from the Contractual Documents, he shall make a written request to the Architect for correction, clarification or interpretation of the point in question. 21. SUBSTITUTIONS The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least 15 days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work including changes in the work of other contracts that incorporation of the proposed substitution would require shall be included. The burden of proof of the merit of the proposed substitution is upon B-7 the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final. If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. 22. SUMMARY The following completed items or documents must be submitted in a sealed envelope, labeled as previously described, in order for a bid to be considered: Proposal, List of Subcontractors, Noncollusion Affidavit, Utility Agreement, Compensation Insurance Certificate, Underground Service Alert Identification Number, and Bidder's Information. NOT All of these items are contained in the "Proposal Documents" package for the Bidder's use. These documents are also included in the full set of specifications for the Bidder's reference. B-8 SECTION C PROPOSAL for the CENTRAL LIBRARY EXPANSION PHASE 11 - SITE WORK from CASH CONTRACT No. 875 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Scaled Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, materials, equipment, incident insurance necessary therefor, in accordance with plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 152 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER, agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sttm prices bid include all appurtenant expenses, taxes, royalties, fees, etc, and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts hid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undesigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, he considered null and void. C-1 SENT BY:K B, P, L 4-20-93 17:13 7143755180i 310 803 6025410 PROM CT IBM SCITMYJLr 1lei� 13�t nulcd' 11em'with unit'prioe' • ► _ Unit Price; j' Exlended' No.•'' iiaAt�! a?rltlen�n Zi►OiYIl.x '7.i r cI Z28�610: 3' AC Over 6" AD -S.F. ® Dollars s ; go /�a 088- Cents � (Per nity 40,100 C2 4" AC Over S" AB / &WE Dollsrs ! $ Cenu �a/aor Tar Unit) C3 4� 518 4" AC Over 12' AB fONE Dollars w Cents (Per Unit) Cp 9.13S 6' Curb Type 'B-2' (201) f L.F. Dollars s s Cents i (Per Unit) cs 14001 6' Curb and Cutter Type 'C' (204) L.P. 00 w€ S s o�S ! Cents (Par Unit) l 1 9731 8" Curb and Getter Type "A-2' (203) Dollars s 8 s "— cents {Per Unit) 07 _1281 12' PVC Storm Drain Lint) T y V - Dollars S �760 ---` Cents (Per Unit) 1 C-1a Addendum No, 5 Revision SENT BY:H. B. P. L. 4-20-93 7143755100-1 310 003 6025;ti11 � Extnud. �°ileia 'Estimated' ietn with anit•pnce Unit Price.'- � c .;�;rittce io�ivortiZ�},.•'+. t'i.s.�, �Y,�)J .:.,,.:;.. �,•,...�;.:�<� ' ,,�� 'J1i�unts r,� (, 1 �'.� ..'►�;•r•. .�. ..I i•�rl��.f�:C�.w►�Nti�Yit�-S!'"-.w:". 1p.i.rl�.�vl-a-��.�: s�... 9.�iPlS�w�fJ. C8 l55 15' PVC Storm Drain Line Cents (Per Unit) C9 148- 18' RCP f 7- - t y Dollars — Cents '1 (Per Unit) , C 10 4 Catch B In 301 01 "No(fQ 'i Dollarsf�0a0 - Cents Per Unit} C 11 1• Catch Basin F 1PA. rry (15 Dollars Cents '7 (Per Unit) ' l Catch Basin P Detail / r C 12 1 Donors Cams (Par Unit) C13 277 Concrete Retaining Wall L.F. /o lj IWO/1f4O y Dollars S c 60 S �a� Oa6 ?� Cents r (Per Unit) C14 1 PCC outlet-� Ea, '/ Dollars s yo0- s y0D0 - Cents (Per Unit) C-2s Addendum No. 3 Revision SEMI BY:K B. P. L. 4-20-93 17:14 7143755180-4 310 803 6025;912 Item Eititiuted Vern'w;th unii rich'. . : : •:':-1' ;.; Unit Pecn;� ' ,+' n;inivnidi ' 1� r/r�r .Mw+ .No;; j,Quai�l�ty" � �ulrirte ;� '� t►( � •t..'�c••' ' C15 4,490 :SF Concrete Sidewalk - A" PCC J da Dollars 60 Cents . (Per Unit) CI SA 10f870 SF Concrete Sidewalk - b° PCC 0 Dollars A 40 /1/IN<r Cents S S {Per C16 ISO. Concrete rlveway (210) • S.F. ®' rati Dollars 3 a� WI 1 Cents $ (Per Unit) C17 965 Concrete D lveway (210A) S.F. _ .. ® •'�� Dollars /ullE - Cents (Per Unit) C 18 S Concrete C7 Access Ramp 212A dryo�� Dollars s �o= s 000— Cents (Per Unit) C 19 1 Concrete CU b Dollars Access Ramp MC i7dn • . $ moo _ s or Cantt (Per Unit) C20 4- CaMmu Concrete Wheelchalr Access Ramp �N/O 0406V1W� Dollars i s o _ s gam _ Cants (Per Unit} C21 4S Trough Dr In L.F. ��l� t/NIO Dollars 6�So- Cents (Per Unit) C-3s Addendum No. 5 Revision SENT BY:H.-5. P. L. ; 4--20-93 ; 17:15 7143755180-1 310 803 6025;#14 . SENT 6Y:R 8.•P. L. 4-20-93 ; 17:14 ; 7143755180-4 310 803 0025;it13 is . 1 lWi Tslii;uled Ifem'wiIli un;t'prito: �;'•.' h� •; •,r Junit Peca; '„ 'TN'iWiled".,"'�4`' .. • •J•1 w In wardt>•.Y•.•1 � .��•r. li 4 a'�. 1 �• N�� •1 1'1�rJ�w,,��Q,,'i� I I .Nod;; Qua i�ry��.r �r�uen,iri `'',r►:i1:1 `'1k".:t1 s .�" �:'`+�S��S:�:3kir ;�ti t:nl� t1�. `� • ' • C22 Lump Sum Demolition (Per Unit) , Lump Sum Relocate,Exist�s Chain Link Fence •��E /hovSRrl►p - ® quao— L • Cents ' (?or Unll) C24 Lump Sum Ml9collaneous clocationt ail% / oyS 19 fV,� Dollsrt ' -- Cents (Per Unit) C26 .F.622 6" PVC fbrated Sub-Drain Line - — ' L t m' � �4 r4 ballan ,.. sue_ s 330�. • Cents (Par Unit), f C27 503 8" P Sub-Drain Line . .T L.F. 1t�VEN14 _ 00 - Dollsrt ! a Cents (Per Unit) C28 533 6' PVC Sub-Drain Lino • L.F. 1�i �'I`i�� r� , 1 � Cents (Per Unit) c 10,006 Pea Gravel• . s.F. 71T palter: s /500�- Cent: {Per f Addendum No. 5 Revision SENT BY'K B. P. L. � 4-20-93 � 17:15 � 7143755•1�80-1 310 803. 6025;#14 ..� ,..1., Y.1.4 Iola : , ; - , ••.: ,.- .. y. ., Vnit i•n W.-; 1.7tLau W.1 w •,.. ��.... .,.... .e ... .�, •;;` -r;.--i '; . : %k' ; :• 1. '\ . . � 'r . w:`• ff-��' i 'NO .�y,Quii►lll�/�_.�.�` i,irit�cn,iil�rvdnl3 �h • .V•i ,�{ .��� ,:;,,-� �f�r:T���'":< ' '1A=ffountw ,�,��,''1-iy • ��t• •7iiTt. .!%o�„t.r�F:J���,��'KN.tf'�+•�' +a..•1C�w�•w.'��� +... :1l�++;1..�T.�• M1 Lump Sum Mcthnne venting Sysatem hd/I�Orf Q/ui� Dollars "-' Cent: (Per Unit). Gl 30.000 Earthwork- Cut C•Y. �,-aQ. Dollars O dJ S. s 1 00� Cents (Par Unit) !• GZ 15.ow Earthwork-Fill C.Y. ®..�.....�. Dollars .1 Cents (Per Unit) $111 13,100 AemedlatIon of Contaminated Soil C.Y. O Dollars r o�00 S o�Coo� Cents (Per Unit) L1 Lump Sum' LsndscapIng . ® ONE h0.41) 0 - ollan s l50,oDa s /Lb,pp0`- Cents (per Unit) I 1 Lump Sum Irrip In . 4N� �if'dl7f® 1 �— S 16,0,000 S So 000 - . Cents {Per Unit} i Al Ump Surri Arthitectural l ` �rN �►S#r� o� , k � Dollars S c»' S 0 • _. � Cents ' (per Unit) it E1 ' Lump Sum Elcctrlt:aI . o. - ' �a Cents ' (per Unit) 1► M Lump Sum Traffic Signal_ ®4ILLS1 J* JL 4 IA-d�s Dollars o3 av Centr ,n (per unit) u ..i SENT BY:R B. P. L. 4-20-93 ; 17:15 7143155100-+ 310 603 6025415 BASE BID: TOTAL AMOUNT BID IN FIcjr-. TOTAL AMOUNT BID IN WORDSIDt4b VAIL14o., S 1 f+ ADDITIVE ALTERNATE NO. 1 - CIS.1 5,647 SF 04L All or 547'Y CgAtf6 $ (Amormt�WHnen in Words) (Amount to FIgur�es) C22.1 Lump Sutra r l~ ~1i1Dyow-0 ZAAr-i S 3—w (Amount Wrirren In Words) (Amount In Figures) C24.1 Lump Sum Ont /nOrlS5mw QZ6 f/l4"5 S f, mo (Aunt Written In Words) (Amount In Figures) ADDITIVE ALTERNATE NO. 2 - L1.2 Lump Sum /IVV540D ¢�. �� "� s /3000 (Amount Written in Words) (Amount In Figures) 11.2 Lump Sum _±il r!f4 r - 1 a,j54WD �0�1 R'1r�J � g /_14L r - (Amount Written In Words) (Amount In Figures) ADDITIVE ALTERNATE NO. 3 _ C15.3 6,349 SF Or* ajLGArr .-3iOy $ � 6d (Amount Mitten in Words) J (amount In Figures) C22.3 Lump Sum /i? £ f�ott3�}1�fQ �ffh"� xDDO — (Amou r Written In Words) (amount In Figures)^ C23.3 Lump Sum Q,, �. (Amount rren Words) (ArnoUnt In Figures) ���r v►�0f a /� 50—' C24.3 Lump Svm y + ✓� � I Q � ! � � E1,50 (Amount Mitten in Words) (Amount In Figures) ADDITIVE ALTERNATE NO.4 - ,�,, ' " C26.4 1,274 LF � eVW LtxL1'rr5 $ (Amount Written In Word;) (Amount In Figures) C29.4 19,954 SF _ br�� doCb+r _y4� ... C!;--Nrs _ $ ),SC (Amount Written in�W rd) (Amount In FYgrmes) LIA Lump Sum ��(��N� l � "��J`�►'� O f//� (Amount Wri en In Worms) (Amount In Figures) 11.4 LumpSum el/m _7 arfJl f�I'' 7S'00— (Amount i itten In Words) (Amount In Figures) C-6s Accompanying this proposal of bid, find BIDDER'S BONQn the amount of S which said amount is not less than 10% of the aggregate of the total bid price, as required by Section A, Notice Inviting Seated Bids, payable to the AGENCY. (Please insert the words Cash, Certified Check, or Bidder's Bond, as the case may be.) Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received . Bidder's Signature I 41-1a -y3 3 -qi3 -93 C-z LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name of Subcontractor_ and Address State License Class of Work Number 'Pa r�Ur i✓0U15 t Flo Or r tks15 �T Tu S kt �� 0� )� IL17NO r O a A��Um �i��f�lCl�rJ ll I C �lgo 0 UJL By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSZON AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMMED WITH BID State of California ss. County of Orange Thomas S. Pack being first duly sworn, deposes and says that he or she is AssisL SecrS of §hawnan Cory ration the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown __—.L-_--c ___ .� ___.__._ - i_..�.1:.,..1w..J_L.0-...,...•:....._..._ J_.� _�7_.._._ zat�_ad CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5+93 State of CALIFORNIA OPTIONAL SECTION LOS ANGELES CAPACITY CLAIMED BY SIGNER County of to 1111T? Ip g hed fl H below. ol doe$not renp so fl the yprove On 41' STACY L. JACKSON NOTARY PUBLIC Imraluanletopw3or,arelyls on thedomxrou --2 before me, + ❑INDIVIDUAL DATE NAME,THE OF OFFICER•E-G-.'JANE DOE,NOTARY PUBLIC' Thomas S. Pack Assist Secretary ❑CORPORATE OFFICER(S) omas . personally appeared . NA►a(S)OF SIGNERS) nnE(S) (�}personally known to me-OR -❑ proved to me on the basis of satisfactory evidence PARTNER(S) LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed []TRUSTEE(S) the same in his/her/their authorized GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their OTHER: signature(s) on the instrument the person(s), ❑ or the entity upon behalf of which the STACY L. JACK ON � person(s) acted, executed the instrument. COMM. #982348 SIGNER IS REPRESENTING: ~� NOTMtV f7t1BUC-GALf OR114% WITNESS my hand and official seal. NAME OF PERSON(s)OR ENTfTY(IES) Los ANGELES COUNTY Mr Cam.�N"Jam10. t99r Shawnan Corporation L_IgGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT( =LobIdn THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES � DATE OF DOCUMENT_ Though the data requested here Is not required by Law. , It could prevent fraudulent reaRadlmenf of fts form. SIGNER(S)OTHER THAN NAMED ABOVE 01IM NATIONAL NOTARY ASSOCIATION•8238 Remmet Avg-,P_O-Boa 71 B4•Carw4a P9dk.CA 813pg-7A$A UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Central Library Expansion Phase II - Site Work, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Shawnan Corporation Contractor io By Thomas S. Pack _ Assist~ Secretary Title Date: Aj2jq3 C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Shawnan Corporation ontractor By Thomas . Pack Assist Secretary Title Date: APR 0 21993 C-7 w UNDERGROUND SERVICE ALERT IDENTIFICATION NUM13ER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Contractor Y Title Date: Note: This form is required for every Dig Alert Identificalion Number issued by U.S.A. during the course of the work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Shaman Corporation Bidder Name 1224Q 5, WOODRUFF A Business Address DOWNEY, CALIF. 90241 r 1-(310) 803-1481^ --- Telephone Number 408809 A rateContractor's License No. and Class July 10, 1981 Original ate IssuR 7-31-93 Expiration 17ate The work site was inspected by JOHN X SMITH of our office on Awl.! [i. . , 19gb. The following are persons, firms, and corporations having a principal interest in this proposal: JOHN A SMITH, PRESIDENT RONALD G.MARTEL,VICE PRES.&SEC. Thomas S. Pack, Assist. Secretary C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No-5193 State of CALIFORNIA OPTIONAL SECTION i CAPACITY CLAIMED BY SIGNER County of LOS ANGELES Though,statue does not require the Notary to fill In the data below, doing so may prove y-z-q3 STACY L. JACKSON NOTARY PUBLIC � �re IuaNetoper "on"dog On before me, INDIVIDUAL DATE NAME,TITLE OF OFFICER-E G.'JANE DOE.NOTARY PUBLIC CORPORATE OFFICER(S) personally appeared Thomas S. Pack, Assist. Secretary NAME(S)OF SrGNERISI TITLEIS► �]personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑PARTNER(S) 0 LIMITED to be the person(s) whose name(s) is/are 0GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed TRUSTEE(S) the same In his/her/their authorized GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), OTHER: or the entity upon behalf of which the STACY L. JACKSON person(s)acted, executed the instrument. COMM. �982348 i SIGNER IS REPRESENTING: •"s NOTARY PUBLIC-CAL66RNIA 3 WITNESS my hand and official seal. NAME of PERSorrlsl OR ENTITY(IEsI Los ANGELES COUNTY Shaman Corporation My Comm.Expires Jan. 10. 1997 S. p { (� y ) - -— [ SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT bil= T �d'rY C1 M THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2 DATE OF DOCUMENT I��! Though the data requested here Is not required by law, it could prevent fraudulent reattachment of this form_ SIGNER(S)OTHER THAN NAMED ABOVE S CI M NATIONAL NOTARY ASSOCIATION•8238 Rernmet Ave-.P-O.Box 7184•Canoga Park,CA 91309.7184 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Shayfflan Corpora om ame signature-05T Biffftrl Thomas S. Pack Assist. Secretary ftnted o11WkW86DRUFF AVE. Address o td er (310) 803-1481 -- Telephone Number '•-• STACY L. JACKSON p1{ COMM. •982348 i Subscribed and sworn to before me this 2 day of ri 1 19 s K° Es CALIFORNIAouNrY my Cam&LOS Wes Jan- Ia. lost NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l SEE ATTACHED Name and Address Name and Telephone No. of Project Manager: ontract Amount Type of Work Date CompleiR 2. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Workate CompletR 3. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Wor-Wate Complet C-10 SHAWNAN CORPORATION Engineering Conlroctors 12240 Woodruff Avenue, Downey, CA 90241 Stare License #408809A Fax (310) 803-6025 Office (310) 803-1481 STATEI�+IEN'r OF EXPERIENCE AMOUNT CUSTOMER PROJECT LOCATION TYPE OF WORK OF WORK LA FACILITY MGMT. PERIMETER Rd. Downey New Street 2, 485, 000 CITY OF BALDWIN PARK Baldwin Pk. Towne Ctr. Street Reconst. 1,074, 036 LA HARBOR DEPT. Pier "A" Pier Reconst. 1, 141, 880 WORLDPORT L.A. Berth 142-144 Backland Const. 3, 638, 610 C/O FONTANA Heritage Village Street Reconst. 1, 079, 631 PORT OF LOS ANGELES Ports of Call Asphalt Resurf. 1, 116,760 L.A.C.T.C. Rosecrans Ave. Street Reconst. 2 , 108 , 660 CITY OF BREA Randolph Street Street Reconst. 1, 789, 218 PORT OF LONG BEACH Annual Paving Asphalt Resurf. 3 , 981, 000 C/O PICO RIVERA Slauson Ave. Street Reconst. 1, 062 , 765 U.C. I . Capital Improvements Street Reconst. 2 ,922, 000 CITY OF LOS ANGELES Sixth Street Street Improv. 2 , 018, 201 PORT OF LOS ANGELES Berth 218-225 Backland Const. 5, 115, 300 CITY OF GLENDALE 1990-91 Annual Contract Street work 1, 165, 000 PORT OF LOS ANGELES Rear Berth 127-131 Warehouse Demo & 2 , 738, 000 Backland Const. CITY OF BREA Imperial Highway Street Reconst. 6, 817 , 768 SHAWNAN CORPORATION Engineering Contractors 12240 Woodruil Avenue, Downey, CA 90241 State License #408809A Fax (310) $03-6025 Office (310) 803-1481 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF SHAWNAN CORPORATION The undersigned being all of the Directors of SHAWNAN CORPORATION, a California Corporation, do hereby take the following action by this written consent without convening a meeting of the Board of Directors in accordance with Bylaws of the Corporation and the California Corporation Code. WHEREAS, the Board of Directors deems it advisable to authorize the officers of the Corporation, John A. Smith, Ronald G. Martel, and Thomas S. Pack, respectively, to execute bid bonds on behalf of the Corporation with any agency, person, company or municipality; RESOLVED FURTHER, that John A. Smith, Ronald G. Martel, and Thomas S. Pack are hereby authorized to execute labor, material, and faithful performance bonds in connection with contracts to be entered into with any agency, person, company or municipality; RESOLVED FURTHER, that John A. Smith, Ronald G. Martel, and Thomas S. Pack are authorized and directed to execute and deliver street improvement contracts and related agreements with any agency, person, company, or municipality on such terms and conditions as they deem advisable in their sole discretion; RESOLVED FURTHER, that John A. Smith, Ronald G. Martel, and Thomas S. Pack be, and they hereby are authorized by their sole signatures on any document to bind this corporation to contracts, bids, bonds, etc. ; RESOLVED FURTHER, that John A. Smith, Ronald G. Martel, and Thomas S. Pack be, and they hereby are authorized and directed to take any and all such other actions and execute such other documents as may be necessary or appropriate to carry out the purposes of the foregoing authorizations. In witness thereof, the undersigned Director has executed this unanimous written consent to indicate his adoption of the consent to the foregoing resolution and the actions set forth therein. Dated: June 18 , 1992 3, Q- , J A. Smith, J math, Ronald G. Martel, i ector r den V. P. /Secretary � ti Thomas S. Pack, Assistant Secretary I M APR : i 12240 WoodruH Avenue. Downey. CA>02s1 \ k OF FICE ICE OF THE CITY C:.ER:; 2000 LAIN ST. HUN'fINGTON BEACH, CA 92648 � f i SEALED a!D 1� RI;DJECT: . CENTRAL F`IBitARY EXPANSION,, PHASE II - SIT�'WaRK, CASH CONTRACT NO. 875 � 1 TIME: 2:00 P.K. QAT& APRII. 20, 1993 t- CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SHAWNAN CORPORATION FOR THE CONSTRUCTION OF PARKING LOT IMPROVEMENTS AT THE CENTRAL LIBARARY FACILITY TABLE OF QQNTENTS Paragraph Name & Number Page No, 1 . Statement of Work; Acceptance of Risk 1 2 . Acceptance of Conditions of Work; Plans 2 3 . Compensation 4 4 . Commencement of Project 4 5 . Time of the Essence 4 6 . Changes 5 7 . Notice to Proceed 6 8 . Bonds 6 9 . Warranties 6 10 . Independent Contractor 7 11 . Liquidated Damages/Delays 7 12 . Differing Site Conditions 9 13 . Variations in Estimated Quantities 9 14 . Progress Payments 10 15 . Withheld Contract Funds, Substitution 11 16 . Affidavits of Satisfaction of Claims 11 17 . Waiver of Claims 12 18 . Indemnification, Defense, Hold Harmless 12 19 . Workers Compensation Insurance 12 20 . Insurance 13 21 . Certificates of Insurance 14 22 . Default & Termination 15 23 . Disposition of Plans, Documents 15 24 . Non-Assignability 16 25 . City Employees & Officials 16 26 . Stop Notices ; Recovery 16 27 . Immigration 16 28 . Notices 17 29 . Captions 17 30 . Legal Services Subcontracting 17 31 . Entirety 18 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SHAWNAN CORPORATION FOR THE CONSTRUCTION OF PARKING LOT IMPROVEMENTS AT THE CENTRAL LIBARARY FACILITY THIS AGREEMENT is made and entered into on this ZQrh day of May _, 1993 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SHAWNAN CORPORATION, a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the construction of parking lot improvements at the Central Library facility in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items , services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension 995 :AJFk: 1/93 1 or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECI FICATIQNS CONTRACTOR acknowledges that it is fully familiar with all the terms , conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement ; B. Bonds covering the work herein agreed upon; 495 :AJFk: 1/93 2 C. The CITY' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard_Speci-fic_atignp fQr _ Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; F. The particular plans , specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this 495 :AJFk: 1/93 3 Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Million, Seven Hundred Thirty-Seven Thousand, Two Hundred Ten Dollars and Eight-Five Cents ($1, 737,210 . 85 ) , as set forth in the Contract Documents, to be paid as provided in this Agreement . 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within One Hundred Fifty Two (152) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public works, excluding delays provided for in this Agreement . 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors 495 :AJFk: 1/93 4 and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general , all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal , the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 495 :AJFk: 1/93 5 7 . NOJIQE TO PRQQEED No work, services , material , or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B . BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR' S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY' S acceptance thereof; and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten ( 10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten ( 10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense . 495 :AJFk: 1/93 6 10 . INDEPENDENT_ CONTRACTOR It is understood and agreed that the CONTRACTOR is , and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11 . LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Four Hundred Dollars ($400) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . 495 :AJFk: 1/93 7 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall , within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. 495 :AJFk: 1/93 8 No claims for additional compensation or damages for delays, irrespective of the Cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITION$ ( 1) N i : The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents ; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions , an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for 495 :AJFk: 1/93 9 the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards , in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the 495 :AJFk: 1/93 10 CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CQNTRACT FUNDS._ SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement . 16 . AFFIDAVITS OF SATISFACTION OF_CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for 995 :AJFk: 1/93 11 either labor or material , except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS ' COMPENSATION INSURANCE Pursuant to the California Labor Codg Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing performance of the work hereunder. 495 :AJFk: 1/93 12 CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not 495 :AJFk: 1/93 13 less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 . CERTIFICATES -OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 495 :AJFk: 1/93 14 A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder . 22 . DEFAULT AND TERMINATI0-1 If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten ( 10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITSON_OF PLANS, ESTIMATES AND OTHER D(ZQUMENT CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations , maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . 495 :AJFk: 1/93 15 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty Created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIAL,,$ CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government „Code Sections 1090 et seq. 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U• S.C. § 1324a regarding employment verification. 495 :AJFk: 1/93 16 28 . NQTICUS All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder . CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309 , the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 495 :AJFk: 1/93 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.s+s3 State of CALIFORNIA OPTIONAL SECTION LQS ANGEf_ES CAPACITY CLAIMED BY SIGNER County of tut Thoto statute does not require the Notary to + tot In the data below, doing so may prove invalwable to persons retying on tre document On 6-10-4b before me, _ STACY L. JACKSON, NOTARY PUBLIC ❑ INDIVIDUAL DATE NAME.TITLE OF OFFICER-E G,'JANE DOE NOTARY PUBLIC' JOHN A MITH PRESIDENT ❑CORPORATE OFFICER(S) personally appeared Thom Eck, Assist. Secretary NAME(S)OF SIGNER(S) TITLE(S) ®personally known to me-OR -❑ proved to me on the basis of satisfactory evidence PARTNER(S) LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY•IN•FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their ❑OTHER signature(s) on the instrument the person(s), or the entity upon behalf of which the STACY L. JACKSON person(s)acted, executed the instrument. SIGNER IS REPRESENTING: COMM, R982348 NAME OF PERSON(s)OR ENTITY(IES) d ROTARY PUBLIC•CALIFORNIA WITNESS my hand and official seal. 2 LOS ANGELES COUNTY Shaman Corporation My COMM.Expires Jan. 10, t"7 G TUBE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT_ Ceun tLiffYOLt - V t itCj,U I'h i0•�j. �( THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 16 DATE OF DOCUMENT wnlu Though the data requested here is not rogwred by law, It could prevent traudulent reattachment of mis form SIGNER(S)OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.P.O.Box 7184•Canoga Park,CA 91309-7 184 �l 31. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. SHAWNAN CORPORATION, CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: A ✓ 19� - /4e _. jr A. Smith, s i d e n t Mayor By: a/Q�' Z T10mas S. Pack, Assistant cretary ATTE}S�`: APPROVED AS TO FO i�'JKti P L- JTTb-,J 3�3 City Clerk City A torney (�� REVI D AND APPROVE IT TAD D AP OV . r ` ty Administrator Directo of Public Works 495 :AJFk: 1/93 18 I have received Payment , Performa/ncce,,, and Maintenance Bonds for Parking Lot Improvements at the- Central Library Facility on behalf of the 'Treasurer's Office. Dated By: �, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT !In 511i7 State of CALIFORNIA OPTIONAL SECTION r• CAPACITY CLAIMED BY SIGNER County Of LOS ANGELES Though SUM UM does riot require om Nolmy io fill In the data below, doing so may prove Invatuebte to persons re"V on the dC MMont On before me, STACY L. JACKSON NOTARY PUBLIC ❑ INDIVIDUAL DATE NAME.TITLE OF OFFICER•E.G-.'A NE DOE.NOTARY PUBLIC' ❑CORPORATE OFFICER(S) personally appeared Thomas S. Pack, Assist. Secretary NAME(S)OF S"ER(S) TITLE(S) ®personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the persons) whose names) islare ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ❑OTHER: or the entity upon behalf of which the person(s)acted, executed the instrument. ST.QCY L. JkCKSON SIGNER IS REPRESENTING: NAME OF PEFISONfS)OR EM777Y(1E5) COMM. C382348 � WITNESS my hand and official seal. r- NOTARY PUBIC .CALIFORNIA Shaman Cor oration^ AN3ELES COUNTY Co My Comm_ Expires Jan. 16, 1o97 U S*NATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TrrLE OR TYPE OF DOCUMENT " R • U Q yJl ICr THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 1 DATE OF DOCUMENT 5-7" Though the data reWSWed here t3 r►ot regUted by law. it could prevent"Udu*M M=XhrWf of ttra form. SIGNER(S)OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION•8238 ReM net Ave-,P.O.Box 7184-Carmga Park,CA 9130%-7184 b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. Sealed with our seals and dated this 7 day of May 1993. Shawnan Corporation Pr'nci ' By: Thomas S. Pa , Assist- Secretary FEDERAL INSURANCE COMPANY By: a Dou as A. Ratfp Att rney in Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Oranze ) On S17193 before men Christine M. Rapp, Notary Public , DATE HAM.TtTLtg OF OFFMA.E.O.,'JANE DOE.NOTARY PUBLIC' p Douglas A. Rapp person*Wown to me(or proved to me on do beds of satisfactory evidence)to be the person(s)whose nam (s)Is/are PAItn-bed to Ow wtiMrt kabu r ent old adtrtowteelped to me fhat ttera**hey executed the same In hls/twftelr authodzed oapsofgi(lee),and that by hisfi eMheir sIgnature(s)on the htsttument the person(s),or the entity upon behalf of which the person(s)srded,executed the kaburrwrd. WITNESS my hand and of el seal. (HRISTINE M. RAPP Comm.f 969193 3 ' NOTARY Pl1BUC•G ffORMA Yl 4,;/ , ���(SEAL Fy Corrun Expires 1u1.9.1996NOTARY PMIC OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT Surety Bc)nd DATE OF DOCUMENT NUMBER OF PAGES StnNFRISI OTHER THAN NAMF_D AA0VF CHUBB GROUP OF INSURANCE COMPANIESy (riMUE3B U MUun+ant vi-vi 11wiJ. P l! fly„ Ir 'J_ Vvlancii i•Jn,;;, FEDERAL INSURANCE COMPANY PAYMENT BOND Bond No. 81 35-28-85 Amount $ Included Know All Men By These Presents, That we, Shawnan Corporation (hereinafter called the'Principal); as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the taws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the penal sum of One million seven hundred thirty seven two hundred ten and 85/100 ------------------------------------------- Dollars ($ 1 , 7 3 7, 210 . 8 5 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a certain Contract with the Obligee, dated 19 for Parking Lot Improvements at the Central Library Facility in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall pay all lawful claims of sub-contractors, materialmen, or laborers for labor performed or materials furnished directly to the Prin- cipal, in the performance of said Contact,we agreeing that this bond shall be for the benefit of any sub-contractor, materialmen or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and effect, subject, however to the following condition: No suit or action shall be commenced hereunder by any claimant: a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. APPROVED AS TO FORD GAIL HUTTON CITY AT Form 15-024XM(Rs. 4 90) (over) ��.it n U DPp"`^ ^{tv Attorne • POWER OF ATTORNEY Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. Warren. New Jersey, an Indiana Corpora- tion, has constituted and appointed. and does hereby Constitute and appoint Douglas A. Rapp of Santa Ana, California--------— each its true and lawful Attorney-in-Fact to execute under such designation in Ile name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following Classes, tOw1t 1. Elands and Underukings(other than Belt Bonds)filed In any suit,matter or proceeding In Any Court,or flied with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof.Including those required or permitted under the Ism or regulations relating to C400DM or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State.City.Town,Village.Board or outer body or organization,public or private;bonds to Transportation Companies,Lost instrument bonds;Lease bonds.Workers'Compensation bonds. Miscellaneous Surety bonds and bonds on behaff of Notaries Public. Sherfffs. Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids. proposals or contracts- In Vfta wlwradr.dw SM MOM 01aNRANCa COYMMV rhea ourauara to q anew,turd ll` a oreauha w W slprd by ry Vice Pr00ft and Nabtnd SwrMMY end s oarporaae rd >o bill harato dlbud are 30th def d June to 92 �sv L A f FiDEAAL MCUM1ANCE COMPANY Qd•�1 -L •�- 'F� D Mon Q Yiba P+aslded AfelMahl SIMI oP Maw 41ErgEY i ss county of Somerset f an tlaa 3 0 t h der., June to 92 ,b.bm m,p.rax eF ea PIIwMO o civador b rm krmm am q me krvn to W Aaaiawr tiaaaeen d eta tge,[J1AL ea{11RA1rt�e COMPANY.ae daPaMbn dmPwLb a In ana~frrepMd the bftgobihp Pawar of Apbnry.wW the aand PbMard D OhCe wr b"by me duly rvn.did Oec, and a"dui he is Aseltaanr SMGM1 d ew FEDERAL MIaU11MICa OOMPAMY and krOm"edrPWMa ref aheraor:dye dr cal tllhbd Ia the 1- 9"q PWW d Ancorwy is$Loch oorpaam Seal and ass tfhpsro aMbad by audiaRy of vie ariM of rid ccip M .acid am he e4pw0 said Pin ar d A w"as ftswwd sftmtWY d sad cuff 7 by hue autiview and am he r oogwkwd wkhr damn p Dixon wW kr-mv nkn b bo dr.VIM Pr..laanl of am Compaiy. Md vkm du YgnMaa of rid JMnr D Dban srbwrbsd to sake Puaw d Aearry is in ae esnulrr ftWb~ Vof 9W dafaa O OLmn and was thaeko subKr Wd by ftOw Y d sad tlrlJr Md to dsPonsrdIs Dmarwa &%ti, I ACkna+iadpatl ono a bekM ens on the dam +r+rmn u4polo _••..�-, AWCHAK N*WvPublic Nolan Publ.c. Stela of P4,0 �pE No 2091352 Commiss era ion E OUTE OF KM ARMY rA �1! paON County of Somerset I.or wWraraiphrd,Asmalwo Secretary d the PEDL%AL DraURAMCE COMPANY.do lhueby wnyr Mal dr baarinp is s'rue szoww from the artA"Of the said Con+pwy as adopwd by M aoaM CO Dkadmi on Manc h 2.iM am Ow Vft artier y In hA by aid~ "ARrhCLE xVtu- Saralan 2.AN bWWL WWWUfunpa.OW&SM aid Cher dMru WRIT COW than r abaft Ie and on b5W d 1tr CaVO"wMO It is authodw by law or tb oww b ambMw toy and"be ateCtrleO k+or name MW an beW of du CWTV"OMM by ter Chaim min w on Vice Charmed of err Praadehl or a Vice Proeldar.lardy w wh ar SecrearY at an Asswant Secretary under der 101FIC11 dedphMbie,amw ow"am at fora coww ot MbmWAi,+Mad drip um in Mgr wsoktrorh CO As•east or Directors a we Easevthre care ore".a in any paw of whorney fascurd r prduided IN In a.dbrh 3 beiW fay sascub arty areh bed.wdetaklnp or peer dbaeetbn r prwid.d in stem m ohaiai of paver of tY'Pnlr Sadlah 1 At parrs d amnry nor and rah berhsp d t1r CtrrrpMy may srh0 sires W wnrMd ti Oy rhenw and On here d Sirs CaroMy.sails by Ar Ctialmyrh a die Yba Charmed a dr Praaldere a■Nos Pheridenl or w ANOWO Vice Pme derv,poly with w$006W O a r Adore asavWii.whdsr ems nwl; Or10rlMmra The furs Of soar aRcars may be ar wrAd.O a IAthagedrd The aleriMhaf of each d the 1i,11, I dews=4titakrrhan.Vice CneMnMn.P+aeidaa.eery Yoe PMekbi any AtahMMa Yoe Prsaldste.any BeOMM�anF AatMMe f"sspdsuy acid Inie eel d pha t orthparty nhsY W tdroew by laaiehas Ia any pave d albmsy or d egr per'A,- taiateip dww appoesahe Nsrtsra BaaMatirk or Aaemspai#fd br ttupbeea a+Iy d arsoaaalq and MON"ham are udMukapk and der 9010 dtepifo l in err nemw dmad.and cry such pawn at Awe i"a aw0um bma such hcsinas ei %was at htenM cal ahlal bs uaad and bindktp Loan w OomP"and any such Paw r Mewed end aMt W byloch Moat" HPyth►ra are taowrhae aid Mhaa W h sad and hwidrnp upon try ce rnoww wah rafted b any bond or tandMYikI m which 1 i•attacrhsd" I tutrie eddy dm said#VIAL MIWRANC!COMPANY Is ddY lowd d to banaacl Favilmy and%o ty buMm in eleh of the Gyms at the Unftq Slim at America,OcFewl d Cdumbla.PLeft ribs and eam or the ProWior d Cahada wldi lrr anbapilon d Pnrios Edwvd 4lsrhd:and Y also dJy acsriesd b Weans sole aasrrT on tiorhda.widartWrhpa.etc.PernetiW a rN lu"d by k w L tre wdudp"AMMUO Secretary d PROERAL MURAMCE COMPANY.do heeblr trtdy Inn du bnporq Power d Attormy w in ru■bet Md dyer Ohari irhhdM my rherW and dr aid d shed Company M wurMh.N J.the ? d MaV it 93 `. Aafidarrt h. ;X hl'pu1M* - o Form IS-t 4titlt OEtilIIAL tPOn7rtEplr 21 W-03371 Ua• CHUBB GROUP OF INSURANCE COMPANIES 40MUI13II3 1_ r00'11111'.t V.. yW 7�ra11i. I' U I1_, lfe>_ W:1:'011 1-11'y: 1 I;.I: FEDERAL INSURANCE COMPANY PERFORMANCE BOND Bond No. 8 7 35-28-85 Amount $ 8► 579.00 Know All Men By These Presents, That we, Shawnan Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto ' 1 City of Huntington Beach (hereinafter called the Obligee), inthesumof One million seven hundred thirty seven thousand two hundred ten and 85/100 ------------------------------------ Dollars ($ 1 , 737, 210 . 85 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 7 day of May 1993 . WHEREAS, the Principal entered into a certain Contract with the Obligee, dated . 19 for Parking Lot Improvements at the Central Library Facility in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein_ NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Con- tract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do,then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions' APPROVED AS TO FO&Sa GAIL HUTTON , CIT ATT Byu Deputy City ]Atto=e PNIH[ED Form 15-02 0001 lRt� 4.90) (over) V � Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Shawnan Corporation grin " By: Thomas S. Pack, Assist. Secretary FEDERAL INSURANCE COMPANY By: Q. Doug S A. Rapp Attorney in Fact R • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rSStateof CALIFORNIA OPTIONAL SECTION CAPACITY.Ct AIMEb BY"SIGNER� County of LOS ANGELES fill in e below.doing So may v invai. to person ra" on the doaamenL On '� _q3 before me,_ STACY L. JACKSON, NOTARY PUBLIC 0 INDIVIDUAL DATE NAME,TITLE OF OFFICER-E_O_,'JANE DOE.NOTARY PU9uc, CORPORATE OFFICER(S) personally appeared Thomas S. Pack, Assist. Secretary NAMES)OF SIGNER(S) tnLE(S) personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑PARTNER(S) LIMITED to be the person(s) whose name(s) is/are GENERAL subscribed to the within instrument and ac- ATTORNEY"IN-FACT knowledged to me that he/shetthey executed ❑TRUSTEE(S) the same in his/her/their authorized GUARDIANICONSERVATOR capacity(ies), and that by his/her/their OTHER: signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. STACY L. JACKSON SIGNER IS REPRESENTING: COMM. 8982348 X WITNESS my hand and official seal. rwAEOFPEILSONts10RENTITY11ES7 NOTARY PUBLIC -CALIFORNIA Shaman Corporation = LOS ANG'ELES COUNTY My Comm. Expires Jan. 10. 1997 to"AnAlIE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Pfffi0VU Uni- K-1b. U LIM 'at THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES? DATE OF DOCUMENT 4 Though the data requested here le not required by law, a Could prevent fraudulent reattachment of tho form- SIGNER(S)OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P-O-Box 7184•Canoga Park CA 91309.7184 .. - ._ _---_- -�_.-�•- mow_— -- �. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Orange ) On ._ -r/7/93 . ._ before me. Christine M. Rapp, Notary Public _ OAFE NAME.TITLE OF OFFtcEn-F,G.'JANE DOE.NOTAnY PUBLIC' personally appeared, Douglas A. Rapp personally known to me(or proved to me on the basis of satisfactory evidence) to be Ilia person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed 'he same in his/her/lhelr authorized t r(les),and that by hislherltheir signature(s)on the Instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the Instrument. WITNESS my hand and official seal. Q L • CHRISTINE M. UPP Comm.#969193 c L J 3 NOTARY PUBLIC-CALFOFM 33 r 'n e. i Ll�' / lL�� (SEAL) a .• Wcontra EExWees Jul.9.1996 I NOTARY PUBLIC$rQNAT RIV OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT , _ Surety Bond DATE OF DOCUMENT NUMBER OF PAGES SIQNER(S)OTHER THAN NAMED ABOVE ___ POWER OF ATTORNEY Know all Yen by thew Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain Vlew Road. Warren, New Jersey. an Indiana Corpora- lion. has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California------ each its true and lawful Anom n-Fect to execute under each designation in Its name and to affix its corporate seal to and deliver for and an Its behalf as surety thereon or otherwies, bonds o1 any of the following classes. to'wit= 1. Bonds and Undertakings(other than Bell Bonds)pled in any suit,matter or proceeding In any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of arylhing specified in such Bond or Undertaking. 2. Sursty bonds lathe United States cf America or any agency thereof.Including those required or permitted under the leas or regulations ntatinp b Cusbms or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws.ordinances or regulations of any State.City.Town.V[a Board or other body or araa 40on,public or private:bonds to Transportation Companies.Lost Instrument bonds:Lease bonds.Workers'Compensation bonds, Miscellardma Suraty bonds and bonds on behalf of Notaries Public, Sheriffs. Deputy Sheriffs and similar public officials. a Bonds on behalf of oont►ackn In connection with bids, proposals or Oontracta. in wlbnea VRWDal,en No PEMM er"AMCa COW&W hn.pwsuW b roe artAw&c uwa shies Pasant@ W a.apnea by ro Vie PrvsM erw Aeelw@m Saaawr dw t IN sad b be lher@b&TAWOft 30th Ord June t• 92 L tw >* * FIEWUL paURANCE COMPDXY Add It /V D Mon a brAw~ urea P.Gomm m - AaeMwM am OF MEw JEnsmr County of Somerset f on to 30 th dw d June r, 92 .1 aw p,,,Q,,.,,oa.Pddh.a n orarrhda b m.+uhorwh rho o,Ry hIr10•R+o be AW@esrq seantuy a ale PE IMAIL e1M>f1AMi7 C0100Mn.to wrprarrdlon 4swilmd in ana wNd s@@r ubd Vol, Poww d Ar m".WO do saw SW rd o Oroww Wnp by w ahoy wrom.dw dspow end w and ra is Anletwo aew.owti Of tip FIRDMAL BIsuRAMca 001 s 11F and knoll Wo oorpoeat@ wlil thwed:tthw er eW.Hood b Itha brag' Par.a Anwn@y a @Lech ewpdw nd bw eras thwen salad by ehATha@y d pre ey tw d sea Co poW end Me he sWad @aid parw d Atbmq all Aaahtarr Sedetwy at said Camp"b!mw NUOK Ity.WO Mw M r.ca,wnae,rah Janhsa o otw end tohww shim to be the Vbs Preelderd d nrd OWONNI and wd the*Wwaft al sea jwmis o nbon wrbecrmad o saw Paws,of Attorney ke m Rd perhhr@r hwh&w"a saw.iw@se o nerwr wW ww tMnb wacnwd by aAharri d Led SpLiiw and to da94 1&Iwenrhaa tkyarha Bed 6M1i;�y' - AGrnow4apd and b Galore wr N, pn this dwa ar41@n. owner r lRe[IC AWCNAK Hassey Punt Notary Pubbc, Slate of Nay `w GE111It1FIrAT 1 No 2091352 SUIT OF ftttw iffe Y Coabrriuion f gp:rea Up. 3%MN County Of Somweet I.ma rwheweiphed.Asddala S@cmWy d this FtDER"DOURAP$M cat pmy.do rrrsby o.nuy bhw thh@ tdlprrhp h a ales am"horn this By-Lass d the saw Como"as @*speed by t Board d llYamn M warm 2.1IMb end me bhl@ Brian Is In w%9w V4 an@d- ArtrtLtE xYbr A 11, 2_M bands.Wld@r4@@Yhps,aorar@V did ophw dotrurnsme vVW OW n @bars tar Sad an bahaft d the Carr*"ankh @ It SuMpttrd VY Iwr Of iw d+dw b Mcub.may wtd OW be wreaiwrd n the nwm wool on b~d On Company stuhw by On Crhak~a Was Vhos Chairman of she Preetewe or @ Vbe Prwarda L MW r,rah an Sedenrr Of sn Anintard eevwlery.whdw Milk,a11P doe..Winne,awW mw enr one or more d[bn w wbrthspLWi -W 6WWW@d in any resokdbe d br ewd d nee— a bhe Emartrw Cawrr>eW or In any power oh sift wy waned a Prortdd ear In 6eabn S beftm my mans any arch bwW.w4w%"Or ebw obbpwlon as PfMW@d in NXh resAO*"Or posse al atewrh@y eedbn i A@ pwwm at ililar^h br end on bduM d Ow Company may and OW be wand n As awns and OR bwhdt d w Cangwhlt ewhw by ors Chdmun a tM WIN Channrh a"PreeW"ar @ Vbs Praddwa a M Aa iMM Vba Pta"MW pb"woo Whig BM""or wh AN"m$@carry.uWw Vok reepsaYrs A@dprldlww The elprt- of Wm orhows may bs er4 rered.9 1 1 or @ewrpr@prrd-rhs apnkre d each d ion loso@Atp d@pwF Chommn Yoe ChrmrL Pheald M any Yla phaeldwx any AnMsn Vb@ P+.emwa sty SemnwV wq A+>pwere eea+@ery @the Ins @@r d ohs Garowy whsr a el4etd q O@qI I r any paver d aaotwey or io ww owlets@ m w o tharab apposestp ArlMwa 6awerrt@s a AtldhyyeMF@R br teapase@ dray d wdaxhp sew atwabnp bands end w4wUksp and Ww wrt1 a SwV kh Cho n Nm tt+weat sew any ouch power el dbmsy w aerWcar bwlap eLc h IaL7rrras @tehdue w bCMni@e wal"be wbd WW W rhp upaa ft Compwgr and"mrdh paws weaaewed saearpnw by such bssnis@ vsMM who rc.r+e sW shall be,did and bnerrp upon she Compeer was rowed b wy bond a mnOWwkne b nrwch @ et SPA~.. 1 hKmw am*oW sew FEDERAL OMPtANM COWYLWf w ally @Donal b beluga hoWV and w.eiy buskmm ln eece a vw&terse d nr urdmd Smn d Anww&t>+lwI d Cokrnaw Pvwb atop and awdhd en P+errbe@ d Carrde was big wroapnorh d Prtrhae Edwd tdwhtfi ono i•oleo dhry... ...b b@aoar @a4 ehrreysa baba@,hahesrtakehpa.eC-De*+wn@d a esqumd by Lew L use whews-g Amb wa Socro ry d PIDERAL arsvRANM eawMMY.do iweby cwul y and ohs loreper+p Peww d Ananq r in ta@ W=era er a o+wa loader my hand end Vw wM al saw Ca 70"d warn.H J. 7 Ma ,. 93 • Copor $L•RJ'•PJC +l �NrDIA1t* @e��}er-appp Aprm 1}t601 4eg GENERAL IFORWALY 21-1"=) h+•w _ CHUBB GROUP OF INSURANCE COMPANIES . y ICII-i1UE3E3 iF) Mountain View Hoa(j. P 0 Go- 1615. Warren. IJc.1 .1CIcr7v FEDERAL INSURANCE COMPANY MAINTENANCE BOND Bond No. 8135-28-85 Amount $ Included Know All Men By These Presents, _ That we, _ Shawnan Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of One million seven hundred thirty seven thousand two hundred ten / e ars ($ 1,737,210.85 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents- ' Sealed with our seals and dated this 7 day of hIay A.D. nineteen hundred and 93 WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated 19 for Parking Lot Improvements at the Central Library Facility ; and WHEREAS, the said Principal is required to guarantee the installed under said contract, against defects in materials or workmanship, which may develop during the period One year after the City's (Obligee's) Acceptance of the Work APPROVED AS TO FORNu GAIL HUTTON CITRHEY By:j �1 Deputy Clty Attorney Fwm 154)24)M(Rev 4-90) (over) PAIFED •� USA NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sus- tain by reason of failure or default of said Principal so to do, then this obligation shall be null and void: otherwise shall remain in full force and effect. Shawnan Corporation Prin ipal BY: Thomas S. Pack, Assist. Secretary FEDERAL INSURANCE COMPANY Bye Wb ly A• Rapp Attorney in Fact OAOMMIA ALL-PURPOSE ACKNOWLEDGMENT -1V No s193 State of CALIFORNIA OPTIONAL SECTION LQS AhGELES CAPACITY CLAIMED BY SIGNER �► County Of Though stawle does not reglars the Notary To fill in the data below. doing so may prove invaivabie to persons relying on the document- On ID"a'3 before me, 'T'ACY L. 'r,C0_\'1, NOTARY IOUKIC INDIVIDUAL DATE NAME.TITLE OF OFFICER-E G-.'JME DOE.NOTARY PUBLIC CORPORATE OFFICER(S) personally appeared Thomas S. Pack, Assist. Secretary NAmE(Sl OF SIGNERS) nTLE(Sl personally known to me -OR -❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) LIMITED to be the person(s) whose name(s) is/are GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/sheAhey executed ❑TRUSTEE(S) the same in his/her/their authorized i3 GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their OTHER: signature(s) on the instrument the person(s), ❑ or the entity upon behalf of which the person(s) acted, executed the instrument. '�� -• STAGY L. JACKSON SIGNER IS REPRESENTING: X W ITN ESS m hand and official seal- NAME OF PERSON(s1 OR EN7TTY(tES) = COMM. 41982348 Y •+lDt NOTARY PUBLIC-CALIFORNIA Shawnan Corporation 2 LOS ANGELES COUNTY My Comm.Expires Jon. 10. 1997 ' iG"rURE OF NOTARY OPTIONAL SECTION f THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Ma Wl- A )b- LAX&V itXtt"(k, THE DOCUMENT DESCRIBED AT RIGHT: _ NUMBER OF PAGES �' DATE OF DOCUMENT ' Though the data requested here is not required by law, r�} it could prevent:rauoWent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE C1992 NATIONAL NOTARY ASSOCIATION•8238 Rommel Ave..P O Box 7184•Canoga Parts,CA 91309.7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CAUL=ORNIA } COUNTY OF_, Orange On sL7/93 bakn rte. Christine M. R?L2p, NotRa Public , DATE NAMP,TITLE OF OFFICER•E.G.. JAM DOE,NOTARY PUBLIC` peirsauft q*w . Douglas A. Rapp peroanally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)wtNM natne(s)Is/are atrb.oulbe to the wllhln htlstluneM and aoknowlsftm to rile that he/aheAhey executed Mum In his WAheir authorized oOFa ft(lee),arrd tMf by hbftw their stpnattrre(e)on the InWnmwl the person(s), or the entity upon behaff of which the persons)acted,executed the kwtrurnent. WRNESS my hand and oMcW seal. CHRISTINE M. Opp Comm-#969193 NOTARY PUBLIC•W FORMA r (SEAL) a My comrOrange n�E>8 wn id COL 9.19% 1 NOTARY PUBLIC TURF I OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT _ -- surety Benue - DATE OF DOCUMENT NUMBER OF PAGES gtfiNFR(Sf OTHER THAN NAMFr)AA0VF - POWER OF ATTORNEY KM ow all IMso by tMse Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. Warren, New Jersey, an irdiana Corpom tion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana. California--------� each Its true and lawful fir-i ct to execute under such designation in its name and to affix Its corporate seal to end deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following Classes• to-wit- I. BOWS and Undemkings(other than Ball Bonds)tiled in any suit,matter or proceeding In any Court.or filed with any Sheriff or Magistrate.for the doing or not doing of anything speclfied In such Bond or Undenaking. 2. Surety bonds b the United States of America or any agency thereof.InCluding those required or permitted under the tarts or regulations relefinp b Customs or Internel PAwanue,License and Permh Bonds or other Indemnity bonds under the laws.ordlnances or regulations of any State.city.Town. cage,Board or other body or organWition,public or private:bonds to Tmnsponation Companies.lost Instrument bonds-Lease bonds.Workers'Compensation bonds. Miscellaneous Surety bands and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and slmilar public officials. 3. Bonds on bWmff of contractors in connection with bids, proposals or contracts- 61 wW OM Mlh~.two and"MOM INSURANCE COMPANY its.t>~+rsuara b■BpLWAL crises these Pesants b b6 e19na6 ty b WO Pro~And Assurer+9.e+.wr and Ra aarparasa eer 1s be riwm'Reed 00 30th der d June ie 92 n FEDERAL INSURANCE COMPANY �pA By D Dixon n btarnx vivo Pre01" Aoslraud ITATE OF MEW JEFAmry Counny of Somerset p on the. 3 0 th w d June Is 9 2 .basore nd prern.sy�•PAWLord a OrAnna b me known and by rre known io be AaaWnt Soco ry d itd PuDERAL sietaMNCi OOMpwr.the Corp- W downbed in and which aacwd the wowso- Pam of Atiomey.are the oats Rvard O ormnor owns by mO duy sworn.did depose one aft thew to he Assistant Be- — Of ess FEDERAL MURANCa COMPANY and knows vd oorpaa.eat trued:sir the a"arhaed b the blegor+p wooer d Ouch Corporate a Ou Corporateeer and was therM fiRbOd Dy aL*WMY d the SPLO e d odd Coretp o*and VW he rplled seta Panda d AMmwy as AUMM MOM"d sue Ca V"by Ipee euaw ft.Ste MN td d acM, II ran Armes D Damn and move MONO De eio Vbe PreaOP d ere CON1 4111A and that offs atOn - Or said Jamee D Dbm eubaerI b said Pohw d Aaornsy is in ttd pr+W*rhanawritirq d said James D Demn and woo theiMd subeCeOed Dy aWlwroy d tale Bruin rid W asl: ft prssselba Notaryi Saai ..'� tS.tiL� Aanowieopw and n before me on the der rrre�ri_ MOYARY` rum ., AWCNAK Nary paorc Not,.y Pubbc. State of Hie* !}Mier cJtR7114CATION No 2091352 aLXT[OP U M1.1EIMEy 1 trwmnissjori Ivires A*. 2%WN County of Somerset 1 1,thou - -1p .AeraMm Seawry at tine FlDE11AL OdWRANCE COMPANY,do nersby array did Rd buowrhp to e true I-$p horn the arise+d the sane C nwany as edapteo a Ds Bond at Dreoba on Mare*2.11100 and that efts Br1ar is In No bras arts erieer '-ARTICLE Will eenbn 2 AD bones.unds+tahNes.WWO M NO Ghee inebamerer COW Ins+as ebae br&W On NW d the Cortlpay wrYcn h is suvwized tti hew Or no ehwip b socuie,may and snap a etieattee in On norm Ana an Dame of on Co npeny wady by Dne Clt"w on Or the veoa crawmw a the Peeeberd or a Vida Peso" .prior wrh cho Seewsery at an Adwetant 9eereterr under otter enspsetine owmptaibrta eucept vhai any one or wdm dhL'ars or anornro-r"aa dsegnsted 1n am rdsalAlon d On eoud Of 0 WO or ur Esaeuths CafflMese.a to am paver d aib k"Ow"moa a lwoelasd Ir re Section 3 below.may aetatft arty much Data.uroatahMs or auw obssa on d prawNad Nash mcka n or power at ertoreney $scow 1 As powers of mom"tr and on bMW t of ve company rem and rue be srnwee N to nsrne and on bents of Its Company.Our by the Cherwnan of On v-w CnarnMn Of dr Pwaidsrs Or s Vb prwgwt Or Oft Aeaietre Vow PRONW&pbwY uM h"SODOMY Of On' II SOCrOW1c hawM tnsr 01QD*W+aelpnrtrna TM aiSriwra d son doors mar b•arhsraree fussed or Inhdpepwa-T14e etDnrhae dash d dia tcaowrtp aurora Cttaawtart,Vb Charwrrt.pr0900 ,ay Vice Pio niderd.Oral Mewrd Via PMo1do .MV tieDetrx cry AseiWr l 6arataeY rim od seai d fir Corhpriy"tart»a/4Dd p(aplM+b to WV pawn d AeW ON soolsMrMa or Aaorenwp4W*hd br WDt•es e*d OODA 10 arnd O109"Dates rhd ha+aMerdrtpe eras mw OVA abigeb1 h the Aura erred.and ay ouch power d aarhar or berllliorsa boar"Such tawrriae tilpnetDe a draaetaa sea sofas a reed and brWrp wan me Company Mid my serch paver eo aseewd■rnet arohw by Such Lecerenaa atptsMe Ord tacereiae ehhr ohN De vend aM DrwYnS upon the Compeer eAh respect b Bey band a ixtdalMrq bnAMeh a Y enaenee.. I hrom comyi nat said FEDERAL @dK0tANCE COMPANY is ddY boanaed b Densen tlderey end awry d,arness In each d Via SWOM d am Undea Scans or Anterior.DeCrILt dl Cowmbu.Puub Riga and each cove Peorinwd d Cards war the aeeown at Prune Edward Mirmr"Is Moo duty boarded Io Decaho sole ehaetyOn bonds,undsrtehanga she.perrtirrdo of reo,+irod by taw I,the.erldareipted Anhowo Secretary CO FEDERAL INSURANCE COMPANY.do hereby wruy that the bresorq Power d Atone y r i n tors brce and eaect Ohio n edteor my ttnW and old ear d sale Caspar r warea.N J.orals 7 d.r d May 1s 93 airw• F;Om IS-1 4-901 GENERAL(FORMERLY 21104333) u J, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 20, 1993 Shawnan Corporation 12240 Woodruff Avenue Downey, CA 90241 Re: Construction of the Central Library Parking Master Plan (Phase II) Project CC-875 Dear Sir: Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form must be returned to this office after the groject is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Nobel, Contracts Administrator, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:mj Enclosure: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1462K/1463K i Tolophont: 714-536.52271 a' -.. .. nr' -T', it•.."!.1 .- -��5-_i`lr .. ! ._�.. ... -, - �. .3 .. ,r .. - ..t.... � c 'r-k-'.�. -•_•�•�a�-.:•i'�"'. _3. 1 - s: Iii�n:IM' �•y►ua.wx{3�..r: . a.r � !�..ik i.- .:o. - A�i��� ��. ISSUE DAePI 10 93 d PRODUCER TIPELICIES.BELgW. HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND NFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Glenn S. Mavrus Ins. Serv, Inc COMPANIES AFFORDING COVERAGE . 23720 Arlington Ave. N5 COMPANY A - �- -� Torrance, CA 9 050 1-6 1 2$ I LETTER Nationwide Mutual Insurance Co COMPANY - - - INSURED - - LETTER - Shawnan Corporation C�eR Y L C Kr. John Srith 12240 Woodruff Avenue COMPANY Downey CA LETTEFI C 9024 1-56 1 2 COMPANY E LETTER COVERAGES,.S m. : 211L_��_. •_-.._. jr THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE.FOR,THE.POLICY PERIOD. INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH'RESPECT TO.WHICH THIS,''. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL•.THE-TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7:. ,A CO• TYPE OF INSURANCE POLICY NUMBER POLICY EPFECTR/E POLICY EXPIRATION' LIMITS TR DATE(MWIDDfYY) DATE(MMIDDIYY) I GENERAL UASWTV I.yGENERALAGGREGATE S. A X COMMERCIAL GENERAL LIABILITY 73PROO9636-50021 06/26/92 06/26/el RODUCTS-COMPIOP'AGG. S 2r 7 CLAIMS MADE x OCCUR_ PERSONAL&ADV_INJURY S 2 )(OWNER'S S CONTRACTOR'S PROT_ EACH OCCURRENCE €b 7T am a! FIRE DAMAGE(Any one[Ire) MED_EXPENSE Wry one Person)I S AUTOMOBILE LIABILITY - _ COMBINED SINGLE S A )(ANY AUTO 73BA009636-0001 06/26/92 06/26/9IMIT _ I ALL OWNED AUTOS APPROVED AS TO FoRua I s BODILY INJURY SCHEDULED AUTOS GAIL RUTTON {Per Person) -- ` X HIRED AUTOS CITY T lrEy BODfLY INJURY X NON-OWNED AUTOS Acc++�{ (Per accwent) i s GARAGE LIABILITY By•I I PERTY DAMAGE IS Deputy Cit EXCESS LIABILITY -,IE�ACH OCCURRENCE ;S_3' (,� )(UMBRELLA FCRM 73Ci.I0Qi9��36—saTa03 VJFA/?_C�/I�� Q6I26/Q,y GGREGATE ------ •-- S - OTHER THAN UMBRELLA FORM k WORXER'S COMPENSATION STATUTORY L_MITSEACH ACCIDENT S AND -- -- - DISEASE—POLICY LIMIT S EMPLOYERS'LIASIUTY DISEASE--EACH EMPLOYEE S OTHER I DESCRIPTION OF OPERATIONSiLOCATIONS/VEHICLESISPECIAL ITEMS -AS RESPECTS: HUNT I NGTON BEACH CENT RAL- L I BRARY EXPANSION, PhX;SE' I I= ROAD-_. ,. CE_RTIFICATE.HOLDER _ _ _ :.. _ _ ')-CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES_BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING -COMPANY.1h' ` { MAIL—30 DAYS WRITTEN NOTICE TO THE CERnFlCATE HOLDER NAMED TO THE LEFT, CITY OF HUNTINGTON BEACH 2000 MAIN STREET AUTH R Ep REPRESENTATIVE HUNT ING70N BEACH CA 92648 U.'r,.n '=_:5.`�� _.r•u'� .ter i •nn .._ ''->.•- . ACORD 25-S 17/90) '!ACORD CORPORATION 19901 POLICY NUMBER:. 73PROO9636-5002 - COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THEVOUCY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED ", OWNERSt LESSEES OR CONTRACTOR95 (FORM B) This endorsement modifies Insurance provided under the foilotiring: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, AGENTS AND EMPLOYEE`IAND ALL PUBLIC AGENCIES AS DETERMINED BY THE CITY AS ADDITIONAL INSUREDS. 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (If no entry appears above.information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11)is amended to Include as an Insured the person or organization shown In the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. AS RESPECTS TO WORK DONE: AT HUNTINGTON BEACH CENTRAL LIBRARY EXPANSION, PHASE II SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY APPROYF,D AS TO FOR U GAIL INTTOH CITY AA TO �� ttarhe9 �putY City i CG 20 10 11 85 Copyright. Iniurviiie Services Office.Inc.. 1984 ❑ MAY it '9.3 02:09R1 SCIF—CEr-IT0S P. 1/1 STATE P.O. BCX 420807, SAN FRANCISCO. CA 94142.0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 11,1993 POLICY uuMBEA. 1010653--93 CeFtrrFrCATE exprREs 6-26-94 r CITY OF RUNTINGTON BEACH BUILDING & SAFETY JOB' 10 ErTLOYEES P.O. Box 190 HUNTINCTON BEACH, CA. 92648 ATTN: DOH NOBLE L This is to Certify that we have Issued 3 valid workers' Comper+sation u1surance Policy in a fo.m approved by the California Insurance Commissioner to the employer nemed below for the policy period 'ndicated This policy is not subject to cancellation by the Fund exceot uponl4days"advance written nctice to the employer_ We will also give you Xa days"advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein_ Notwithstanding any requirement, term, cr condition of any contract or other document with respect to which this certificate of insuran.e may be issued or may pertain. the insurance afforded by the policies described herein is subject to all t114 terms, exclusions and conditions Of such p01iCiCs. PRESIDENT EMPLOYER'S LIABILITY LIMIT: J3,0001000 PER OCCURRENCE. ENDORSEMENT 02065 ENTITLED CERTIFICATE HOLDER'S NOTICE EFFECTIVE 5--11-93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT 12570 ENTITLED WAIVER OF SUBROGATION FFFF.CI'IVE 5-11-93 LS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HLINTINGTON BFACf1 -- 1PPROVED AS TO F08�(J GAIL HUTTON CITY TQRNEY De'"ty City Att.rne, EMOI,QYER r SHAWNAN CORP. 12240 S. WOODRUFF AVE, DOWNEY, CA. 90241 LR L I 1 RECEIVED BY T easurer's Office/date Ci NT��4 L ZX &CAey EX P1qNSXa N ` �f•li4Sf 50 915 , 3a5• 14 Sea , y45 . 8d �P� f Z . I , ��� , , ono 9,;?? , -)(.5p . 010 F" 1-7'?3 9/5 , IS //S' • 75 (!Paa5, 087. (o 93?, 1�- Ala I . .35 CHUBB GROUP OF INSURANCE COMPANIES Z"HUIE313 15 MOL)n:adn View Road R O Box 1615. Warren New Jersey 07061.1615 FEDERAL INSURANCE COMPANY BID BOND and No. amount S Know All Men By These Presents, 'hat we, Clarke Contracting Corporation (hereinafter called the Principal), is Principal, and the FEDERAL INSURANCE. COMPANY, Warren, New Jersey,a corporation duly organized under he laws of the Slate of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach {hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Seated with our seats and dated this 19 day of April , A. D. nineteen hundred and 93 WHEREAS, the Principal has submitted a bid, dated April 23 . 1993 for Central Library E�ycpansion Phase 11- Site tVork Cash Corr t ract No. 875 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give frond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Clarke C',nntrartingCarWrnt-inn_ Principal By: FEDERAL INSURANCE COMPANY By: Doug A. Rapp Atto ey in Fact M�NrEO corm +SQ200021Aev 490} 4✓L,r�VS{rOr� uS� POWER OF ATTORNEY Know all Man by these Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road, warren, New Jersey. an Indiana Corpora- tion, has constituted and appointed, and does hereby Constitute and appoint Douglas A. Rapp of Santa Ana, California---------- eachIts true and lawful Attorney-tn-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to- W I. Bonds and Undertakings(other than Bail Bonds)filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate.for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Revenue;License and Permit Bonds or other indemnity bonds under the Is",ordinances or regulations of any State,City.Town.Village,Board or other body or organization,public or pfiyate.bonds to Transportation Companies,LOSI Instrument bonds:Lease bonds.Workers'Compensation bonds, Misceltansous Surety bonds and bonds on behalf of Notaries Public. Sheriffs, Deputy Sheriffs and similar public officials - 3. Bonds on behalf of Contractors in Connection with bids, proposals or Contract$_ 1n Wftr wu whereof.the aard FEDERAL edURANCt COMPMY he&PusuaM td=ay-UW6.C41UHd 11WH 0011SO ri td is Vg^ed by AS vKe Pre14er"V4 Atw wm Setwtary and tbt corporate war here,drove aw 30th daY d June to 92 k n * , FEDERAL nfSURAN"COMPANY �DIA 6Y J D armn a Yarr+or VMS Prettidenl Aarwrrr! STATE of NEW JERSEY 1 as County of Somerset f on 11110 3 0 t h my of June is 92 A,e mw peraaaay rrma PAWwd D Otarnor n ma known and or me known o be Anom"SecwAry d ay RMWL#L alSURANCa COMPANY Py oorpaat- OwuUed In"wr.Ch szoo ad me Usitorp Power d Anorrytr.Arta the taro PAri&M D o'Ca mor WrV by Me dole whom.end depow tree aft vet he is AeMetanr ttlepetery of go FCDW%AL NOURAMM COMPMY and Woo the o,poi s.no rot".roes ay seo articled bay breponp Powt a Arwrwr 1s wch corparw Mr and Yraa uyrsp slrusd y eutetaty a ay arts.a oak] Carpany and Was he sand fold Peres a Attorney u Ameno w Secretry a um Cwnpry by tare auvt«tttr.and inert he is acgrraawd with jwnn D Doom"krtOre 1rM b be try Vke PrelYOert of Said Corrpery. and ata the apners a and Janes D Dow etrbeerew to ante Pow«d Albmtey ten the yvVm nandr.rbnq d said lames D Dmw rW was rnreao weecnbed by atNtorty al said ay{r.e and n depeAMs pear+w Novo.+aw I -I *¢ r- ' Aeknartedaed end S b belle mii S ~�� qn the dare amxen tea.' _...a.. AWCHAK Notary Pudic el CE� Norary PaErc- Snare of 1i* L� JEST / No 2091332 STAti1t of 111W JERSEY i as Commission Expires Jule County of Somerset 3y k the uratmW ad.AwdNent Seaetrr d ay FEDERAL L aafURAMW CONFANY.do testa'oarlatr OW Pre follo.rrp y.trw emc.rpr riots the apLawa d the aaia Cornpary u arlpple0 m p 9oara a Drettae at Mwch 2.IWO&M Par to apt err is in 6A fun*and.tract. 'ARTICLE 7Ma. Gaann 2.M banal Unilvtekupa,CoMem and Other rw womir a law ban n.bare br OW on bents of the Com;i"w?wPk 11 to aurryrired by taw or ry thwW to a pawn.My and eras be eaaAeO In etc rbww arW on b~of Ow Comp"MM*by Rua Cho~a the riot Crawmm«ihe Presider*or a Nw Preakkov.piney went the Seraetary or an A"amm Seaetry.tnusar Urn terpeabe 1 .11 sabrr,er. 9 111111111 emir one a Mae atfwrs«atbrr4ye4neaa dos"M n any teack0on d ate good a Dwcaort«ay Emptut)rs Cowamaae,win any paw►of amrry arLsmited a; for in SoOm]>sb^astr t omm am wch bond.wWwtung or Wes-1- iin as Provided in axb solution or pilaw at anorny Eamon 1 AN POW$of aim—,4r rid at WwO of try Company Mil WW OW be MUGUNd to ate rims OW on brad of cite CorprrA wpw by on Cnwffw%or am Vies Craw mn or ay Nwrbrt or a Not PaaMaert a an MiMatrt Vtw Preaksera prttey vet Qt ale Betxwry«an Arlaialar!sar+tarX tw+dar air napecm I eepsrtt— Tyr 09rWure or Oak dkofe may es engwte,touted or ttnoww w_The eiatrtwe d eaett a vo k-, ,tS afE, Crrnnim Nw Cttakrt in.1%midw any Ytde Pneldr+L any Awia4rt Yin PmoftlL any SKM"any""am swWwy am the teal or ON Company May bs aft"by f cWnst b any paver d m+nr«o any nrtalwr wro+p tl,.eb aaoo.ynp A..iart aeatlriae a AparteteAsiad b pwpoeas ortr d aaaaafrtp erne atratnp fronds arW v+derakkrea rid oaw+.atpa abap�ry K tie nattPe aorsol'wid any such ports aloft wy«orUlcw baarnq tuft screw alpramra at trrawtae sear tits be rtad sW wreurS won dy Ca^Pry erica any suet Pawn w s.cued arW bertuiw m etra+taeakrrea tMprib"and 11rCairrtIt ail alai ba.eM and ltrt 0 upon try C w#"w11h retPtd b any barW«twtdertYtlnp b wetef+M Y stveltad" t luau cwft the eatd FEDERAL PMRAMM CCMPi%N r is dray awmad to traryaet lid+y sna w Asry buakyw in each of the SWim of the UnW Store d Amft&D.prw of Cdkenbn.Puww Rion w4 each at os Prprrtdwa d Cwda whet the eaoe% I a Penn Eerrare Writ.and to aro dole boerteed b Dadoay sole wary on blinds,undwukkV&.acc.bem.rted a nguked by tar 1,the undrepryd AwtWard saawery a PItDERAL tNsuRANCa CDNMXY,do rwegr oroy mm aw brag"Pawn d Arbnwy kin rut*x=and ilea orven tP.er My itarW arW nr ter..aid Cenpary r 1Yarrert.N r.Pry 19 e. d April to 93 ��.. Cog Aadwara a _ w• � * tut tAlkN P� Forts Is-r 44M GENERAL tWRAURLY 2m04=) 4 A THE AMERICAN INSTITUTE OF ARCHITECTS ALA Docw-ne KA310 Bid Bond } ` AYTON ENGIf`SG KNOW ALL MEN BY THESE PRESENTS. thatwe Clayton � niEa (i lcrL;lruaxt full n.urw.uid.uldt;;br or ki.0 utk ofContrmtor) as Principal.haroinatter calLad fie Prlrcdpal.and The Continental Insurance Company (H1,re Insert U noma and odareu or Lagoi ntte of Surery) a corporation duty organized under the laws of the State of New York as Surety.hereinafter tolled the Suety.are hard and ft"bound unto City of Huntington Beach (Here r4ert kit name and aogreu or legal tine of Owner) as Obllgee,hereinafter called ftw Obligee.In Ina sum of Ten Percent of Total Amount Bid-- Dollars(S 10%---- ). for the payment of which sum well and truly to be made.the sold Principal and mG sold Surety.bind ourseNes, our heirs.executo(s.odaW strators,successors and assigns.)Mtty and severally,firmly by theca presents. WHEREAS,the Principal has submitted a bld for 0-lere Iruert fld1 name.address aria[rascrlptLon of pro)ecq Central Library Ex anion Phase II - Site Work NOW.THEREFORE, if the Obugee shoo accept the bid of the Principal and the Ainclpat "I enter Into a Contract with the 0411gee in accordance wtth the terms of axti bid. and give such bona or bonaa as may be specnled In tho bldang or Contract Documents with good and sufticlent suety for The fdthrul performance of sucn Contract and for Ina prompt payment of labor and material furnishea In the prosecution theroot, at In Ino evont of the foukre of the Principal to enter such Contract and give such bona or bonds.It Ina Ptlnclpal shau pay to me Oorgoe the afteronce not to exceep the Ponolry hereof botwoen Ino amount speclSed In sold bid ona such lorg©r amount for which the Obugoe may In good faith contract WIn another parry to perform the Wax covered by sold bid,then this obugollon shau be nail aria void, otnanov"to remain In foil force and effect. S►gned and seated tt% 16th day of April 19 93 Clayton Engineering, Inc. (A nclpw (seas} (wrtnou) -- Steven M. Murow, VP/Sec/Treas The Continental Insurance Ccrmmpany (5urery) (Seal) (1rVifness) (irnr,) Jeanette A. Federico, "Attorney" ALA DOCUMENT A310•BID BOND•AL4 b•FEBWARY 1970 ED-THE AMERICAN WSTIME OF ARCwIECTS. 1735 N.Y. AVE. N.W.. WpSMINGION. D C. 20M6 1 The Continental Insurance Company _ 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents,That THE CONTINENTAL INSURANCE COMPANY has made,Constituted and appointed,and by these presents does make, constitute and appoint Jeanette A. Federico of Santa Ana, California Its true and lawful annroey for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million (S10, 000,000) Dollars This Power of Attorney is granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977- "RESOLVED,that the Chairman of the Board.the Vice Chairman or the Board,the President,an Executive Vice President or a Senor vice President or a Vice President of the Company be.and that each or any of them is,authorized to execute Powers of Attorney Qualifying the attorney named in the given Power of Anorney to execute in behalf of the Company,bonds,undertakings and all contracts of sure"hip:and that an Assistant Vice President,a Secretary at an Assistant Secretary be_and that each or any Of them hereby it. authorized to attest the execution of any such Power of Anorney and to attach thereto the seal of the Company. FURTHER RESOLVED,that the siglsatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,a nd any such Power of Attorney or certificate bearing such facs1m1le s1gnatures Or Iacs mdN seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,underrating or contrao of suretyship to which a rs attached In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. THE CONTINENTAL INSURANCE COMPANY Attest: By 100 _N Robert W.Adler,Sr-.Assistant Vice President Michael 1.8eert►aen.Vice President STATE OF NEW YORK COUNTY OF NEV YORK a� On this 1st day of May,1985,before me personally came Michael 1.Beernaer,to me known,who being by me duly sworn,did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal:that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. �rall:�j / a• ETHEL TARANTO NOTARY PUBLIC.State of New York No 24-4663 1 1 7 Qual-to Kings County CERTIFICATE Comm won Expires March 30, 1986 1, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remain.in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force- Signed and sealed at the City of New York, to the State of New York- Dated the 1 6thday of April 19 93 •'�- ' M' IarnCs M.Keane,Ast,stan!Vice President 11 BOND 4315L Printed rn U.S-A. CHUBB GROUP OF INSURANCE COMPANIES CHUBB �. r.�.. • ,•- ,,, :, .... ,�.,. ,i i , , i,.. • ,•,. , . . . . FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount S Know All Men By These Presents, That we, Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), In the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. Sealed with our seals and dated this 2 day of April A. D. nineteen hundred and 93 WHEREAS, the Principal has submitted a bid. dated April 20 11993 , for Huntington Beach Library Sitework NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter Into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, If the latter amount be In excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Excel Paving Company Principal By: 1 C.P. Brown President FEDERAL INSURANCE COMPANY By: . Dou as A. Rapp Att ney in Fact .e o +'jC7-0OO?1 -p01 w•N�earl u POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren. New Jersey. an Indiana Corpora- tion, has constituted and appointed,and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California--------- eachits true and lawful Attorney-in.Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds of arty of the following classes, to-w t- 1. Bonds and Undertakings(other than Bail Bonds)filed in any suit, matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2- Surety bonds to the United States of America or any agency thereof.Including those required or permitted under the laws or regulations relating to CustOms or Internal Revenue:License and Permit Bonds or otherindemnity bonds under the laws,ordinances or regulations of any State.City.Tam,Village.Board or other body or organization.public or private.bonds to Transportation Companies.LAST Instrument bonds:Lease bonds,Workers Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs. Deputy Sheriffs and similar public officiafS- 3 Bonds on behalf of contractors in connection with bids, proposals or contracts- In tkntrraniii 1/r 90.Iris"M FMCPAL&DURANCE COMPANY hn.pursuanl la a&FLaws-Cajaed tress Df$W f w be 1�gned M iEs V co Pres4enl end Aaaotrht SecriKuy and In Corporate Seal w be hewtD.nb.d the 30th dal'd June 1$ 92 o� r } w° .ter f * PTOERAL MuNAUCE COMPANY �DIApxkam ar a D pno� D tawwr xica Preaiaent alealasarrt 7 er =ATE OP NEw JERSEY 1 as County of Somerset I On ow 3 0 t h Mf d June to 9 2 •bebre no pe owwy came ReNm a oror+rw,to-w ki am orw Or wr kn wo b be Aaawtam Sommy a TM sM M AL eOURANCa COO MMY.Ow eorpae W daWribed In arw~wwwatd Ow br p aq Poaw d NWewy.lord the saw Acti&M D OConwr bainp by"awt,ow«rt ed eepmw"fay Me fill Ia AOOM M Seam"of Or ip MAL sauRANCE o01M1 h't and brat.da txbrWM Mal toned:ma+red eeu Or"d to er b»pau q usurer d Arormy a such Larporbe seal"+has trerato yfbad by asn+ratrr d**ertam vt 2" f artpar y WO aia he sWw d ace Powr of Anwar n AaaW ant Sooristoiry of tale Comprq by wo amhorlIr end am the a aeausmw with Jrnea D D son and know him 10 be vre vtee PraaifeA of eels Corrlpm". and am"owdk"of tad Jan"D Dann turtact6w b taw POW or AWmay Is In the penhribe rendnntN d saw Denude n 000n&M.n ewm urbecniM by auttwray at sus Brlsws and In a.0 a 1 -8 p worm Nobrltl$eat r„r,,,iiiiii, ..-� •s�:sC Atok w*oped and s b ee+bn me on VW dw wmtrb. NOrAriY ltaifC (:7* .,. ..- AvrCMAK tiatar"Pubab; A,� Notary pub;;c. Stale of (Very Lr'1ep CE 1191CATION No- 2091352 BUTE OR 191W JERt" COR ispon 1xvi-res Jul*2%pal County of Somerset $s. t,an urwers9wd.Aumm Seov"of dw POEM"a1NA MIX COMPAW.do heresy comfy mat the foadermg a a true e■cerpr Iron+the drubs of Me saw Camper"M ars*Wd by Ia Board Of Dr.aor. on Mach 2.Hog uw Ow Mis Bylaw in In qa twee rd eeea- ARrICLE xVla section 2-AM baba.wdena AvL corwam are cow irw% wa emu hen M ebwo br are on bow of au Compeer~It is sulharred a fur or M ehrw to aaewr.may cud alias be ebrectres0 In trr name trw on bM W of go Como".haw by me Chalrmw or aq woe Charnrn«vo P+.eww at a woe Proonft t.lower wo me sw.ory or an At omm Seem".r1 4 erau rommma e..Ipre.twrw o wept Dist any one or mad officers of worrrere•r.aaQ de-in neea in any reeotngn a the earn CO Doom of ltre Eracrnwe Conrrrta».or M any paver of aoonvy eaeotrted M vwwd br in aectbn]befall may oncttM arty wxh Dow.underM"or dater Odlgatbn as prwk7 A in turn rvocko n«paver Of rtrtprna" Gsoaon 1 At parwa d tebrrry b*arks on bairlt d ar Ca++prM mw and srtaa w sraaryd ti trr rune and on belw d ebe Cdnboa^w ester br we ChW"W a a+e Vie Gtiainnrt«fr►resters a•Yba rbabslert «an AaeYara Vka PtaeiserR 1ord1 t�s+r t9aaetar"or an AMYllara aetaeta►x tMrder Cbei rMPeetNe 6erprlatlarbe tTr abpriarure of wW anbna mar be erbpraree.Drinted Or as+opMhed-Tlie MpeMhae d Md+ at eta tiliMb s dAors ChWWd%Vba Cttaint M F%*Warit,rY Via P+MiOa ro any g, d ararW ar b any artwoa.raaMatp lhreb app 1 0 AMisto 4 Socivaartw or AW7wp*i d br pip""wyr d aralap and Mom"bonds om Urdu Mp and ewer ar0 abt- m i,er r1dit" U+wad,and"wrdb paver d mm or oeralraa Inatnp.nth trsinae upnat ro a lecaartae deal uw a head and bil w* wa+a+.Company aro any suer paver w evacuee coed aertMd by etrer iaCtlirde alPbalNs rw faotertr ew rw a vied rw bwidnp won are Comp"rah napect a,er7 Dond«rM+derfatnq b ehbetr a w afucrrad- l k~or*our ow PEDUAL aA{MtOJ=004 ANY is d*Ilb.rwd w uanaad sew"r+d surety buar"a in ead,of ft sw of ar unwed States d Armonea.n' 't d C 0wbbW runt Rico and sect of era Prwrrwea d Grade wen me eabeptivt a P.+rw.Eeeard Mend:"Is area dwy tberd"to beoome NO ewoty on bonds ard*oftk.+pe.erc.Do ka ed«rewnd a Lo w I."rredwsi¢hed Aasatara SowK"d FEDV"NNURANea COMPANY.do heretry ow yr mr the ar.gr i+p Pow..d Attarrey a ih hA Lao and stten f3wen rMraar"h hew sm the teal d sad cony"r Warm".N.J..am- 2. _d"der d r i 1 » 93 C«po `L SL R"p6f c QC t h1OfAMF D Farm 15-+0-4)1 4.9M GENERAL fFORWERLY 2b.bf74=j uAA ❑ Firaman's Fund Insurance Company BID OR PROPOSAL BOND M The American Insurance Company ❑ National Surety Corporation BOND #7083400-1 ❑ Association Indemnity Corporation ❑ American Automobile insurance Company PREMIUM: NIL Fireman S Home Office: m San Marin Dr. Fund Novato. California 94W KNOW ALL MEN BY THESE PRESENTS: That we, HILLCREST CONTRACTING, INC. (Iwreinaf er caAed the Print;4.as PnncipaI,and THE AMERICAN INSURANCE COMPANY a corWwpm organized and doing business under and by virtue of the laws of the State of NEBRASI:A ,and duty licensed for the purpose of making.guaranteeing or Becoming sole surety Pon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA I as Surety,we Feld and firmly bound unto CITY OF HUNTINGTON BEACH [hereinafter called tfw Obl'w)in It*tag and just sum of TEN PERCENT OF AMOUNT BID Dollars(S 10% )lawful=ney of the United States of America,for the payment of which,welt and truly to be made.we hereby Bind ourselves and our and each of our sucoessors and assigns,jointly and soy**.firmly by these prosents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden Prir*al as aforesaid,is about to Fund in and submit to the Obfigeea bid orproposa!for the CENTRAL LIBRARY EXPANSION PHASE II — SITE. WORK FROM CASH CONTRACT NO. 875 in aacardwxs with the plans and spedfications filed in the office of the Obfgee and under the notice inviting prwosaEs therefor. MOW.THEREFORE,If the bid or proposal of said Principal shad be accepted.and the wntW for such work be awarded to the Prino0al thereupon by the said Obligee,and said Principal shall eraet into a contract and bond for the mroatim of said work as required by taw,then this Wig ion to be null ud void, otherwire to be and amain in lul force and effect. W WITNESS WHEREOF.said Principal and said Surety have mused!base promises to be duly signed this 20TIbay of APRIL .19 9} H LLCREST CONTRACTING, INC. BY E.G_Undholm, President THE AMERICAN INSURANCE COMPANY fay � � i-� 3&7M4-&9WH DAVID L. CULBERTSON Anomey4n-Faa GENv_RA L POWER OF .ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE(RESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20. 1846,and redomesucaled to the Stale of Nebraska on June 1, 1990.and hatiing its principal office in the City of Omaha.Stale of Nebraska,has made,consmu+ed and appointed,and does by these presents make,constitute and appoint DAVID L. CULBERTSON, LINDA L. CULBERTSON, DIANA LASKOWSKI, CHARLES L. FLAKE and KAREN CHANDLER, jointly or severally itslr�ulc'J21 &Vvful IC[;orney(s) in Fact,with full power and authority hereby conferred in its name,placrand stead,+oexecuAJIE :e,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate sea] of the Co poraiion and duly attested by its Secretary,hereby ratifying and conftnning all that the said Attorneys)-in-Fan may do in The prenises. This power of attorney is granted pursuant to Article VI1,Sections 45 and 46 of By-laws of THE AJti'fERICAN INSURANCE COMPANY now in full force and effect. "Article V11.Appointment and Authority of Resideat Secretaries,Arrorneys-in-Fact sadAgentsro accept Leyil Proew and MaheAppesrsinces. Section 45. Appoinrmcnr. The Chairman of the Board of Directors, [be President, any Vice-President or any older person authorized by the Board of Directon,the Chairman of the Board of Direclors, the President or Rny Vice-President may,from time 10 time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Autborio-.The authority of such Residenl Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in The instrument evidencing Their appointment.Any such appointment and all autbority granted lberebymay be revoked at anytime bytbe Board of Directors orby any person empowered to make such appointment." This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been arnended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may beafftxed or printed on any power of attorney,on any revocation of any power of attorney,or on aryce;tificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF,T14E AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto afftxcd this 24 t h day of May _ 19 91 THE AMERICAN INSURANCE COMPANY y STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 24 rh day of Ma v 19 Q1 _,before me personally Larne R. D. Farnsworth io me known,who,being by me duly sworn,did depose and say:that he is Vicc-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which cxecv:ed-the above instrument;that he knows the seal of said Corporation;that the seal affixed to tht�id instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thee to by bkc order. Ili WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal,the day and year herein first above u'ntlen. mil:l11:1iisIt:Ill F:.t:r::rl f."11 r1111 Irv.flit 111 I r i i r i t T I V OFFICIAL SEAL J. M. VANDEVORT - NOTARY PUBLIC-CALIFORNIA Naarl PLbllc Pfinctpal 0:7ice in Mann County' = Mr Cammn$;Qn Expiirl Avg_ 28. 1992 CERTIFICATE (;1lI11111 MIllli1111{I1117 ilIi111:I11lIctr1111 i11111111liIt STATE OF CALIFORNIA ss. COUNTY OFMARIN 1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASK A Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF A17ORNTY remains in full force and has not been revoked;and funhermote that Atticle Vi1.S[tU0n5 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set fonh in the Power of Attorney,are now in force. S:gaed and sealed at the County of Marin.Dated the 20T iH day of APRIL . 19 93 Rmdm Aum.+nt$canary 356711-TA-45-90(REV) F31 U 130111) lip, E. A. MENDOZA, INC.-- -- as Pri sic IpaI , a r,d MERCHANTS BONDING COMPANY (MUTUAL) _ n r, s r1 r�e 1 )� .10 hit- l y :tn1i r,evern i i y, iiituf obis- l vP' n, our hr_ i t r, , tr-prnnont-al- ivnn, stiecennora rttlti astriytsn, ar~ net for kh herein, I () Lho cury cle imirriurn-oil imhcII (herein called Owner) for payment of the venal sum of SFN PERCENT_. .. OF THE AMOUNT OF THE ACCOMPANYING BID------------------------------------------ --------------------------------Dollars $ 10% OF BID----------------- ? . liirftilTmottey��f l:ha lJn� led States. Fr'incil}alTliaa�siil�mitte�l titc ,tc-companying bid for the eonstructiort of "CENTRAL LIBRARY EXPANSION, PHASE II" If th" I'r i lie I l,a t in Awarded the contract and enters into a written ccrnLract., lrr the form prescribed by the owner, at. the lit li:n denlgrtnteci by Itls b1d, and files two bo:kdR with Lhe Owner-, nt- nubr,t i tutA revniri ty itt lieu thereof, one to guarantee llaymc-1,l: fc,Y labor anti materials njid the other to guarantee f.alt.hf,tl t�nr fortnattcA, Ili the time altd manner specified by the Owner, alid r•at•ries all insurance in type and amount utilch conforms to (Jw colltract documr_tttta anti furnishes rerlttirecl cer-LI f icates r,:rc1 r1tvlorsetnenLs thereof, thgrt this obligation shall he r:tell and voicli otherwise it shall remain itt full force and effect. Forfeitlrre of this !toad, or any deposit made itt itetr t.ltni-ef,f , r;ltall not prectutie U. a Owner from seeking ail ' outer rernedles provitled by lnw to cover losses sustained as a result of Lhe 1'rincipal ' s failure to do arty of the foregoing. City of Illlttttnflfnit 11r+ac h (W- 1110-200--01 t' 11711111C 11111 11ond - 1 ,if 2 1 1 i i F-a 1 anti f,11r et y .Nrjrr+n tII,%t i f t11e ownr!r i s • re.(111 i t ecl t 41 „nII a, t110 Ft(!r-Vi ['e!; r)f All At•t:ot•11P)l' 111 COI111eCt.it711 witt.li 1110 oil)f ()rcemellt of t:liil; Ilonr1, eAch shaII Iiay owner' s reasullable }t t c3r-rley 's fees itccccr rest with or wi Lhotit r.lilt: . EXPr,rltF'cl on APRIL 7 _ , 1 93. J (!'--a I i f pOrat I011) fly l Title - -Till WAarlt Ackrinwledglnelit of Authorized Representative of PrIncipal ) Any r,1 n lms %in(ler th A hoed may be addressed to: MIERCHANTS BONDING COMPANY (MUTUAL) (name and address of Surety) 2425 E. CAMELBACK RD. , SUITE 800 PHOENIX, AZ 85016 I STONG/QUIGLEY INSURANCE SERVICES, INC. (Name and nciclress of Surety ' s fll agent for service of process in 101 COLUMBIA, SUITE 170 California, it different fr•o1n above) ALISO VIEJO, CA 92656 (714)362-9208 (telepliorle number of Surety's agent in California) (Att.ic h Acknowledginetlt) MERCffAIM BONDING COMPANY AhL.--__ SUF�F-'1'Y B �A tnrtie_y- tt- ct) IFER J STON NOTICE: tfo slib ;tit_tlt• ion or re-visloti to this bond form will be acce'pted. `sureties must be aulliorized to do busilles6 in and Ilave all ageltt for service of procesn in California. Certified copy of Power of ALLorlley most be attached. c'i t,y of 11utlt i ngtoil peach (W- 1110-200-0) (' 1 12i11Ar llid Bond -- 2 of P%S F/27/91 STONG-QUIGLEY INS SERV INC Merchants Bonding Company ({Mutual) POWER OF ATTORNEY Know All Men By These Presents,that the MERCHANTS BONDING COMPANY(Mutual),a corporation duty organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk.State of Iowa,halh made,constituted and appointed.and does by these presents make,constitute and appoint ;-»MICIiAEL A. QUIGLEY"JENNIFER J0I1NMN<<< »>«< »>«< of ALISO VI WO and State of CA its true and lawful Attorney-In-Fact,with full power and authority hereby conferred in its name.place and stead.to sign,execute.acknowledge and deliver in its behalf as surety- >>>ONE MILLION DOLLARS( $1 , 000,000. 00) <<< and to bind the MERCHANTS BONDING COMPANY(Mutual}thereby as fully and to the same extent as If such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY(Mutual),and all the acts of said Attorney,pursuant to the authority herein given,are hereby ratified and confirmed- This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(Mutual) ARTICLE 2,SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto.bonds and under takings,recOgnizances,contracts of indemnity and other writings obligatory in the nature thereof- ARTICLE 2•SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,of other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(Mutual)has caused these presents to be signed by its Vice President and President,and its corporate seal to be hereto affixed,this 15th day of October A-D..19 92 Attest: MERCHANTS BONDING COMPANY(Mutual) By ' rc STATE OF IOWA ••Q��,. `�•• COUNTY OF POLK es On this 15 t h day of October •19 92 ,before me appeared M.J.Long and Rodney Bliss III,to me personalty known•who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY(Mutual),the icorporation described in the foregoing Instrument.and Met the Seal effixed to the said Instrument is the Corporate Seal of the said Corporation and that the said Instrument was signed and sealed In behalf of Bald Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seel,at the City of Des Moines,Iowa the day and year fist above written. • • mosey/uatc.Pq*coavr.rows Z •'• �► 11-4-95 '% 0A••''••• y�r STATE OF IOWA '•• 4R1 AV COUNTY OF POLK es. I,M.J.Long,Vice President of the MERCHANTS BONDING COMPANY(Mutual),do hereby certify IhM OV and foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed by said Mgsmaw ING COMPANY(Mutual),which is still in force and effect. ., Oa F 0 •. In Witness Whereof,I have herour.!o set hand and affixed the seal of the Cow at my Rant ALISO this 7TH day of APRIL 19 93 VIEJO 19 31 1995. ��y. �� •'• This power of attorney expires December , 'Continental Insurance. BID BOND KNOB' ALL MU..N BY THESE PRFSVNTS: That, Premier Engineers, Inc. . ... . . ...... ...... .. .. .. .......... of Hansen Hills . St.te of CA. hereinafter called the Principal, and Firemen's Insurance Co. of Newark, NJ. hereinafter called the Surety, are held and firmly bound unto . ..... ........... . ...... City of Huntington Beach ......... .. ........... . .......... . .... ......... .......- of Huntington Beach , State of - - -.......CA hereinafter called the Obligee, in the sum of . . . . ... ... ... .. .. ten percent the amount bid in (10$) Doliars; for the payment whereof to the Obligee the Principal bind . _- their heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly by these presents. 20th April 93 Signed, sealed and dated this day of ... 19 . .. . . Whereas the Principal is herewith submitting the accompanying bid dated .April 20, 1993... .. for Central Library Expansion Phase II - Sitework from . ... .. ... Cash Contract No. 875 Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any r+ortion of the same, and if the Principal will, within the period specified therefore• or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such conaact, and give such hond a lthin the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and materiai, if the l.ittc: arnoiat Ine in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. In U fitness Whereof, this rnsrrument has been executed by the duly authorized representatives of tLe Prin- cipal and the Surety. Premier Engineers, Inc. -- •-- --- ---.-- ------- - - -- (Seal) By L. - Duane Bartlett, President Firemen's Insurance Co. of Newark, NJ By- ___ JQHN D: MUNSINGER Al nrney tlo..d 176aD Firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does make,constitute and appoint John 0. Ktnainger of GLendattl, California its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to Att Obtlgees provided that no bond or undertaking or contract of suretyship executed under this authorityshall exceed in amount the sum of Ten Mittion (10,000.000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the 131h day of January, 1989: "RESOLVED.that the Cha+man of the Board,the Yaue Channan of the Board.the PrejodnhL an Execarve VKe President or a Senior v"►rewdem or a Vke►resident of the Company.be.and that each or any or them hereby b,authorised to execute Powers of Anomey qualifying the attomey mashed in the ev"Power orAnomey io eaec►rte in behalf of the FIREMEN'S INSUMANCE COMPANY OF NEWARX.NEW JERSEY,bald;, kitw and ao contracts of saretythip.and char an Assistant Yrce Preikkot.a Seoetxy oranAn uani Secretary be,and that each or any of them hereby 6.suthorizW to arrest the execution of any such Power of Attorney.and to attach thereto the seat of the Company. FURTHER RESOLVED,that the 4natures of mach oBom and the seat of the Company may be affixed to any mach Power'of Anorney or to any cemGute relating thereto by facsimile.and any such Power of Anorney or certifx=e bearingstsdh tamarrtile urH m or facsimile seat"be valid and balding upon the Company wfhm so affixed and in the future with respect to any bond.undertaking or corwac of usretyship to Which It is anached" In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has caused its official seal to be hereunto affixed, Land these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this t day of March , 41 FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY Attest: By 67 A;6�� 0.1-Banta.Asshw t Vke President Emil 8.Askew,Vice PKsidant STATE OF CONNECTICUT COUNTY OF HARTFORO s� On this t Iday of March ,19 91 before me personally came Emil B.Askew.to me known,who being by me duly sworn,did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK,N EW J ERSEY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 0.o fie. gprAay t `nw CLORtA D.SEEKINS NOTARY pustic CERTlFlUTf my eomnusswn Expires Mar&31.1"3 1,the undersigned,an Assistant lice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,a New Jersey corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in;he said Power of Attorney. is now in force. Signed and seated at the town of Farmington, the State of Connecticut. Dated the 20th da of April .19 93 . s C Lane,AssistarV Yroc fesideni 71 Rr1Nr1 471St w• Printed in U S.A Wausau insurance Any correspondence in relation to this -=- ,.Companies bond should be directed to A Member of the Nationwide*Group WAUSAU INSURANCE COMPANIES 2000 WESTWOOD DR BOND DEPARTMENT PO BOX 8017 BID OR PROPOSAL BOND WAUSAU W1 54402-8017 KNOW ALL MEN BY THESE PRESENTS: That We, C. A. Rasmussen, Inc. (hereinafter called the principal), as principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a corporation organized and doing business under and by virtue of the laws of the State of Wisconsin,and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) 2000 Main Street, Huntington Beach, CA 92648 in the just and full sum of--------Ten Percent of the Total Amount Bid-------------------------------- Dollars ($--107---------------) lawful money of the United States of America,for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs,executors,administrators and each of our successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden principal as aforesaid,is about to hand in and submit to the obligee a bid or proposal for the Central Library, Expansion, Phase II-Site Work, Cash Contract F875 Construct Parking Lot & Associated Feeder Roads in Support Of The Building Portion Of The Project in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW,THEREFORE,if the bid or proposal of said principal shall be accepted,and the contract for such work be awarded to the principal thereupon by the said obligee,and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void,otherwise to be and remain in full force and effect. IN WITNESS %'HEREOF, said Principal and said Surety have caused these presents to be duly signed and scaled this 20th day of April 1993 C. A. Rasmussen, Inc. _ - Pnncipal (Seal) By G EMPLOYERS rNSURANCE OF WAUSAU A Mutual Company Surcry 7 (Seal) Auo y-in-Fact tr'iS15-4228_I 192 Houard A. Tekler, Attorney-In-Fact EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY (FOR BID BOLDS ONLY) KNOW A[.[-MEN HN'THESE PRESENTS That the EMPLOYERS INSURANCE OF"Al-SAU A:Mutual Company.a corporam-ri duly oryaniz and e i, rind under the laws of the State of%%iseonsin- and haying its principal ,-ffir•e in the Cite of tt ausau. Count% of Slartthon- State•of Wisconsin,hasmade.constituted and appointed and dnes by these present-make.constitutP anti appoint HOWARD A. TEKLER its true and lawful attorney.in-fact.with full power and authnntx hereby conferred in its name. place and stead. to execute_ seal_acknowledge and deliver ANN'AN1)ALL BIf)BON[)S OR WRITTFN DOCL;111F.%Ta I-%VOLVING RIF)GUARAN. TEES OR IN THE NATURE THEREAFrER - __ __ __ _- _ _ _.- __ __ _ _ _ _ _ __ _ _ _ _- _ _ _ _ _ _ _ _ - - - _ - - Y Z an to bind the corporation thereby as fully and to the same extent as if such broods.+ere signed by the President-sealed with C the corporate seal of the corporation and duly attested by its secretary hereh.- rttifyinF and confirming all Thal the said W attorney-in fact may du in the premises cc This power of attorney is granted pursuant to the follow inir resolution adopted by the Board of Direcuirs of said Compan}at a Z meeting duly called and held on the IAth day of Alay. 1973.which resolution is still in effect cc "RESOLVFh,that the President and any Vice President—elective or appointive—of ENIPLON'FRS INSURANCE OF �t AUSAU A Mutual Company be.and that each of them hereby is.authorized to execute powers of attorney-qualifying a the attorney named in the Riven power of attorney to execute on behalf of EMPLOYERS INSURANCE OF N-AUSAU A CL Mutual Company bonds.undertakings and all contracts of suretyship:and that an% secretary or assistant secretar} be. C and that each or any of them hereby is.authonzed to attest the executive of any such power of attorney.and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company' Z "FURTHER RESOLVED.that the signatures o(suchofficers and the seal ofE;IPLOYERS INSURANCE OFW'AL;SAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile.and U) any such poker of attorney or certificate bearing such facsimile signatures and facsimileseal shall be valid and binding LU 0 upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect � p' ❑ to any bond, undertaking or contract of suretyship to which it is attached-- IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WALiSAU A Mutual Company has caused these presents to be Z signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of 2 JANUARY 19 93 _ W EMPLOYERS 1`SURA['rCE OF WAUSAU A Mutual Company Z ff) �eSE,11r f By000 eiiii— (n 1.Stephen Ryan r�- Vice President Z Attest: L WR. J- Besteman Assistant Secretary Z STATE OF WISCONSINcc ) O 1 ss- COUNTY OF MARATHON l Q On this 1ST day of JANHARY . 19 93 .before we personally came LL 0 J.Stephen Ryan .tome known,who being by me duly sworn,did depose Cr and say that he is a rice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany.the corporation described in and which W executed the above instrurneriC that he knows the seal or said corporation:that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. tN WITNESS WHEREOF_I have hereunto set my hand and affixed m_v official seal the dae and year herein first above written Q - Q Q Patricia A. Kiernan Notary Public NOTARY PUBLIC O STATE OF WISCONSIN ^�• MY COMMISSION EXPIRES MAY 29. 1994 STATE OF WISCONSIN ► CERTIFICATE CITY OF-WAUSAU 1 ss Z COUNTY OF MARATHON 1 I. the undersigned.assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company-. a W'tacunsin corporation.do herebycertifv that the foregoing and attached powerof attorney-WH[CH M USTCONTAINAVALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED I,NK, remains in full force and hits not been revoked.and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force Signedand sealed in the City of Wausau.Marathon County.State of Wisconsin.this 20 th day of. ApZ11 R_J. Besteman Assistant Sccrctary r NOTE IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF- ATTORNEY.CALL TOIL FREE tkfl(l)826-1661 (IN' WISCONSIN CALI.(8ti71,472.o is l) 315-4222-1 1091= VIGILANT INSURANCE COMPANY 15 Mountain View Road, P. O. Box 1615 BID BOND Warren, New Jersey 07061-1615 (AIA A310) KNOW ALL MEN BY THESE PRESENTS that Roman-Ford, a joint venture as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee. In the sum of Ten Percent of the Amount of the Bid Dollars ($ 10% ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for Central Library Expansion Phase 11-Site Work NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or In the event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated April 23,1993 Roman-Ford, a joint venture by (__P tv'L'� M+04 zce M . t Q_ VIGILANT INSURANCE CCIOMPANY by ZZ, i c a rd Adair Actor n©y in Facl Form 15-02-7332 JEd_ 11-92) POWER OF ATTORNEY Know sit Men by 4`hese Presents,Trial the VIGILANT INSURANCE COMPANY. 15 Mountain View Road,Warren. New Jersey, a New York Corpora- tion, finis constituted and appointed, and does hereby constitute and appoint Howard Siskel, Richard Adair, Joseph E. Cochran, and Bronwyn Murdock of Los Angeles, California ------------------------------------------------ each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its Corporate seal to and deliver for and on its behall as surety thereon or otherwise. bonds or obligations given or executed in the course of its business. and consents for the release Of retained percentages andlor tonal estimates. In Wnneaa M/heteof,the taw VWM ANT INSURANCE COMPANY has.Pwswng to as erLS-9.Caused tl M pt&Wts to be agnad by na Vom-Presroent era Aasaunl Secretary Sid as Corporate sou to be hereto anuao Inge 19 t h day Di November i9 92 7 ` +r•�•�r B GILANT W RANCC C ANY y Gjorf� I Rrutard 0 O'Connor ✓ Oa 4cCie4n lace-Pm16Mt AAata Sacreury STATE OF NEW JERSEY County of Somerset ss. On dw 19 th bey of November is 9 2 -Delon no Psfsoeauy came Rich"o.o-conrwr Io me known and by we krw.n to be Masten,secretary of rue VIGILANT IN. SURANCE COMPANY.the owporuron da&cf b"in end whah ex"wed are roregoov Power of Attorney.and the aaw Rrcnaro 0-O'Connor bewg by ms duty swom.did depow Card say that ha is Anstwu Seeratary a the VIGILANT MURANCE COMPANY and knows the corporate 2001 Inareal.1r1A1 the Mal Arrrxed b Inge kwoWq Power 01 Attorney is a"capor&u Seal and was thereto&Hated by UAW"Di the Br Laws Of Ya company.&ro that he signed Lard Ppwet at Attorney as Assutanl Seca"Of sae Cwtloany by kke auMmatr-and.net he is&DguatntW wan George McD~Caw knows wn to be me VCFPresraetnt Of sera Company.and that the sgnatwe of am George saCQoW swserroaa to Sa'd Power of Anorney is in the genuine handwrd,rg or find George McCWw and was thereto suosazbW by wtrronay at sea By-Laws AM m deponent's presence r-• Ackndwt.agw and sworn to boors this an the Due rnu+ y Notary Pubkc CERTtftCATION STATE OF NEW JERSEY JANEP A.SCAVONE County of Somerset Ss- Notary Public,State of New 3onoy yo.206.i520 (` i.Siop Ex 'Cats&wbtr 2. 1904 1.+he urNMEZVrod.Aasrstanr SKralary a the VIGILANT INSURANCE COMPANY.do hareby o&n'ly that this 10110 ng d'Fa.i1C&rpl ham�ne ey4.awe Of the aeta CORMWY As AdWed by w eoard or Direct= on June 13. t 9ya era most recenlry&merwed March 3.7986 and'hel this By-Law is in rill tome and erect --ARTICLE xv Section 2 Au borws.urwenakrngs-Contracts Ana Diner oururnants wear than as abors lot and on what or the Company wtuch it is sutrtorerad by taw Of its charter to asacule.fnay&ro Shea be aec'rled in Inn name and on wnalf or Ina Company either by one Chairman or the VCaZnarrman or the PresoeN or a VrGfPtaiaent.jointly with Ine Seastary w an Assistant Seerm&ry.ueloar the•raswetr.e osagnatrons.except mat any ane a mare officers or snarneys-rntecf aasgnated in any rasoluwn of the Boara or tbtanws of the Eaeculns Cwttmglw.w u,any power of allorney axecwsd as prowasd lam section 3 below.may execute any such Dona.undsnakrng at Diner owigauon as pforrasd in Such resoAllwn or power Of anorney- Section 3 Au powers of allorhey tw ana on Denall of the Company may And&has be sxscutW rn the rla'na and on behalf a ins Cornbamy.either by Ine Chairman or the Vrce-Chairman or the PreA,dent W a Vrce- PrMedent a an ve►Praw]errt.IOrnly with tne Seerstaty Of an Ass•stan Secretary.urwar then tespeewe oesgnatrons The Krwuto of"41,ohcers may be anwoved.pruned of r: nwgnaDRed TM srgtatwa a each of one lotkmw oncen Cnarrnan.Vice Craw man.Presaerrt_any vice Praseen'."vice PlesasRt.any Sector".any Aasafam SKretery and uw w&I Of Inn CoehpAny may be ahued by IdiCS-m a to Aft PMM a attorney 0110 any CendrCare rwtug rnersto appoanng Asa.st&nr Sac.starys or AnDrrreys-in-F an to purposeb my at exscuuhg and&floating taros anO unoonaxms awed Diner w Rung Daguay in via nature tnareol.&red any seen poor of attorney or cart 6Cata beareV such la"irnds Lgnu,ra or Iscawnae eau shax be•Card area Dndr<'9 upon the Clef y&ny Caw any war+power so sxaeww arw Wifod by Caren laesan+e sngru'ure and 16c61mile seat small a valid and b,M,inQ upon the Company with lespoa to any bow of unaerta,rng to wh crh a is SnAChad- I further Wiry Ina!cod VIGILANT INSURANCE COMPANY is duty k w W to transact looty Ara surety business in the State W California .arto to Also duly Kertsed to oeconw sow surety on bonds.uncenak,ngs-etc parmnteo a ragwtea by V'aiaw@wuhsUnneaSiAtas- Ana I further canny Ina'the laegorng Power of Anwnayu now to lull lace arlea ,.1 Gr*A under my hand And the Hal Or cart Company At w&Iren.N J.Ina 23rd '•�_ _ day dt_ - April _ to 93 Corporate w SL-3— I PAauatenl reedy �All, tct'i ttAWTED Fam21-t403SSIRn it 977CONSENT ysa CHUBB GROUP OF INSURANCE COMPANIES C`r4UbB 15 IA-3L'niam Vi -.1 raazj. - 0, Sot 1615 _. : Jersey 07061-7615 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount S Know All Men By These Presents, That we, SHAWNAN CORPORATION (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee), in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents- Sealed with our seals and dated this 8th day of APRIL A- D. nineteen hundred and NINETY THREE WHEREAS, the Principal has submitted a bid, dated APRIL 20 19 93 for CENTRAL LIBRARY EXPANSION, PHASE II - SITE WORK CASH CONTRACT NO. 875 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and Certificate of Acknowledgement STATE OF CALIFORNIA ) County of Los Angeles i On_ ZRIL 8.-1993 J before me, _ CHR_ ISTOPHER J. COATS, NOTARY PUBLIC personally appeared LINDA D. COATS personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in a""b b}..- - - hi&fher/their signature(s)on the inst ent the person(s),or the entity upon behalf of whi f t s)a FjerE)"ej! s l ntt WITNESS my hand and offi ' se . f - COMM. #969482 A f OTARY FUBUC.-CAUFOFM -m _ LOS ANGELES COUNTY � Signature U (Seal) �'`� MYCcmm.Expires JJy 1S,t996 POWER OF ATTORNEY Know all Merl by these Presents. Tfiat the FEDERAL INSURANCE VCV.PANY, 15 Mountain View Road, Warren, Ndw J,;rsey, an Indiana Corpora- tion,Ca CO"d and appointed,and doss hereby corwhuts and appolat Douglas A. Rapp and Linda D. Coats of SantaAna, California ----------7------------------------------------------------------------- each its true and lawful Attorn act to execute under such designation In Its name and to affix its corporate seal to and deliver for and on its behalf as surety viereon or otherwise, bonds of any of the following classes,to-wit; - 1. Bonds and Undertakings(other than Ball Bonds)filed in any suit,matter or proceeding in any Court•or filed with any Sheriff or Magistrate,for the doing or not doing Ol anything specified In such Bond or Undertaking. 2. Surety bonds to the Un]to"tates of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Revenue;Ltce and Permit Bonds or otherindemnity bonds under the laws,ordinances or regulations of any State.City.Town,Village.Board or other body or organization,public or private;bonds to Transportation Companies,Last Instrument bonds;Lease bonds,Workers'Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public,Sheriffs, Deputy Sheriffs and similar public officials. 3,-Bonds on behalf of contractors In connection with bids, proposals or contracts to Y tome Wbonrrr,Erse"W FEDERAL WISURANCE COMPANY ML 4urvsM a .4 Orkeo Caused these oreesahu to be Signed by to Vice Preadem w%d AauLUnt Seastarj and rn owpome"a W to herM alrbrd thfe loth fty d July is 92 Corporate Sew c pp FED SURAMCE COMPANY J •D.Durort D 0 Ata4faed Via Preabanl - STATE OF kltM JERfiEY County of Somerset On aft day of .19 beLfrtt ens PersonaPy carer Rr MM 0.Oronna to tea kncbm and by mne known tb be Awaura Seawry of da FEDERAL MURANCE COMPANY Uw CWporAWn deembed to and ehCh uSouled Its♦rorwookV Peer d Aeorrw.and this eW R"ro D.O'Ccruwr belrq by nk duty atiorn.dd d*PO"and lay teal he is A&WLanl Seutury at IM FEDERAL INSURANCE COMPANY and kno m Ne corporate seal peered:NM pre Claw arr=d b tyre k7rapdng Power of Atlomnay y such corporate seal w4.raa phernd gorged W suh—y of the Br Lan of"A Compuy.and Nat As Liyhed said Power d Attorney as AaLhfarlt Seuahry d LW Comp"by Wo euu+Ony.Erb that he a acOuJwuw wvh James D-Dmon and knots him to be the V,ce Peet-dent of aid Company and that this eiart U"d*aid dames O.Obion eubvx4b d a sad Paw Of Attoehwy r In V*jW"b a hV*-TRahg Of said Jensae D.Dixon and,vas manta LuoW."bed hrr fw,onsy d Laid Br LIONS area n deports a pr.ser,ca Naalhal v C _ S � y ACkromM %W end Svown to balore me on the Oafs abovelaa�n2k- UHoary Pu--4C JANET A. SCA`ONE CEffrLRCATJON Notary Pubric, Sr+.': Of New Jersey STATE OF NEW JERSEY Ldmgrnilfion [��-�, r r J County of Somerset �� -b_r 2, 1994 I.We undersigned.Arita=Secretary of um FEDERAL INSURANCE COMPANY.do hereby ce"that we Iotowing r a true e.tarpi from the By-LMn of the a"com4u+v:a atlopted by hu Board w-:ragas on MUCK E,INO"past thz By U w y r full race uhd etlect. ARTICLE xVm. Section Z Al bonds,undetta"t.corwacse and Warn tnatr.l acga char thm La a5a a lot and on behea at VA Company whv-h a IS auu+otued try la-Of AS shut*r to e:etute.mar L d shy.G.0.*:6'.td hh UW name am on behau of the CompaAy either by the Chairman a um Vim Chairman Or the PreaderA of a Vhce PraLiderV.puny-,Jh free Secretary of an A34Stan1 Sauatary.under le%?J r*203ct..v defNgrtaliorla except Itut arty W*Or more dherS or attaneye•YMap deeipnUed In cry reedutrpn of fie 9oLrd of D,reaas or the Ewutrre Commmnee,or in any power of angry ea.:j—j as Frbvww tar rn S*cUw 3 betow.may eix"wa any such bond.underu"or Ww ObUpugn as provided in Such rssduuon or pOeer o'efwney Season 3 AM power of aoorney for are on Defied d ar C;ompiany may am abet be VXCwd 11%tree name won behav d Will COTO"WeJW by 11W Cnaurrun a OW Voa Charman or mr Prza,dam or■vc„Pen dera of an AuoQM Vice Pres4wiL jowtay with uw SKreuryor an Atalalahf Slia@ y.Nader VOW respeclhe dagnaWw The agnature or suu+dLcers may be engraved.pnruad a 4thograpn*d.The 4gnahure om ea-11 a let loaawup wicerc Chairman.Vca CheufftWt•Pres4enL ary Vas Pre64ent.ary ALsW4W1t Me Presbartt_cry Seueury.try Asusurll Seasiary and the sear of uhe COMAWV May be+hued Dr i&CU+W to any po•N d msm.Ir a to ary cvt;tcake ntakirrg trherau apparair+p Aaitleafi Secreww or Aooml+eys•irvFadtor purpdeaa orey a mc+,tmg and Stu eu,g pOnCa and untlertaknga Erb ouw.rn,nps odgalay N Erie nar.,n Mw0d.and any st,ah powr of*tWfwy or orindihcw be"u,eh gca.rwe SOM1 wa or MOSS&S Seal SW be vabd reed brb,ng upon ate Comoary and any surJh powm to"ac Vted and cenityd by svch faasyhAe 512hatum end ranimae seal shau bs ve4d and Wno ng agar toe Canpany whh reap6M b any boN or ur44nA"V to whnh u is&lathed- I tnrw cert,ty aw eats FEDERAL WStMANC!COMPANY hs day ticWWW to tt+^�,,edeky WW*w Vy buPrwm m each of ore Susie at the u need Sues or Arne nci Duna of Cohumb.a.Pueno Rico.and each a uhe Pho.rnc*s at Canada wdh the errcepbon or Pnne Edward fuerb:seed it""409rued to become SOIL weary dh botch,underlAkWgk etc-.pernutied a requrrad Dy ta.- I.'he ur4@r&W*dAasigardSecretarydFEDERALUdSuRANCE COMPANY.doherebycemythatwebt&.-hngPowerdA-{aneyrihfuetomeandstiect- Given ender try nand end Uw seal of ea4 Cothp"at warren.N.I.vft 8 th day of AP RI'L 93 . co• a `N5vj a)yc�,c p Aa 8W4Secnlary `rrDIAt+P PAWTTo Fp,m t}Io.m a-i><);GENERAL(FORWALY 2I-io4m) p-ra IG- 5206 ,Certified Copy SEABOARD SURETY COMMAIM No- 11439 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York. has made. constituted and appointed and by these presents does make. constitute and appoint Paul C. Hughes or Irene Lau or Kathy R. Mair of Costa Mesa, California _ its True and lawful Attorney-in-Fact,to make,execute and deliver on lts behalf insurance policies,surety bonds,undertakings and :_other instruments of similar nature as follows Limited to the amount of FIVE MILLION -- ($5"000 ,000 .00) DOLLARS =5uch';nsurance policies, surety bonds, undertakings and instruments for said purposes. when duly executed by the aforesaid Attor.ne`y-in-Fact- shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized pfficers:of the Company and sealed with its corporate seal, and all the acts of said Attorney-in-Fact, pursuant to the authority =fief y given, are hereby ratified and confirmed. _7_riis—appolntment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said 'tiColpan`y_on December 8th, 1927, with Amendments to and including January 15, 1982 and are still In full force and effect ,..Z_ :'ARTICLE Vit.SECTiQN t "Policies,bonds,recognizances•stipulations,consents of surety,underwriting undertakings and instruments relating thereto. -=_insurance pout es.bonds,recognlzances.stipulations.consents of surety and underwriting undertakings of the Company.and releases.agreements and other wrlTin95 rElatrng in any way thereto or 10 any claim or loss thereunder•shall be signed in the name and on behalf of the Company the Chairman of the Board r the Pres+Cent,a Vice-President or a Resident Vice-Pesident and by the Secretary.an Assistant Secretary,a Resident -=Secretary or a Resident Assistant Secretary.or(b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board.the Pri?sidi:nt'pr a V-ce-President to make such signature.or(C)by such other officers or representatives as the Board may from time to time determine _-�_The seal of the Company shall if appropriate be affixed:hereto by any such officer.Attorney-in-Fact or rep+esen[ahve IN:WiTNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signet] by one of its Vice- :`Presidenis, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries. this 4th_ day-of_- November 19 92 Attest: SEAB RD RET CO P NY, 1927 r G,4t„• (Seal)%.&aAa Ass ecretary V.ce-presrdenl STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this 4th day of November 19. 92 before me per onally appeared Michael B. Keegan a Vice-President of SEABOARD SURETY COMPANY. with whom I am personally acquainted. who. being by me duly sworn, said that he resides In the State of New Jersey.. that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument.that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Company,and that he si his name thereto as Vice-President of said Company by like authority. �": ;•� LINDA SMETHERS (Seal) `.}= NOTARY PUBLIC Of NEW JERSEY 1 my Commzuton Expire to b "I Notary Public t.:he u.nee.. ss s,arl Secre:ary or SEt 60A?D SURETY COMPANY oo hereov cen.!y that the o -g.nal power Of F1tUrney O1 which:he fprego.ng s a tt+ll.:rueanocorrec:Copy E.r),all force and eflec:on:necaC^of this Cer,Ificate and ldo fu'.her CerGfylha,!heV:Ce-Pres.deniwhoexecu:ec 7r•e said Power of Altorney was one o!,he oll.ce•s a:+[r-o•._ed by:hE 5oarc tit D:rectors to appo-nt an a7torney-,n-lac'as pro,ceo n Article Vll Seciipn 1 or :he By•LawS O! SEABOARD SURETY COMPANY T n s Cer:it,cate may to s gneC anc seaied by lacs.mdP under and oy au:hori,y of!'e follow;rrg•esolu'.or,of:he Executive COmr-lwee o!!re Boaro cf Drrecto's of SEABOARD SURETY COMPANY a'a r1C-C:.ng d%ily called aho helc or.the 251h Jay of r..IarCn :910 RESOLVED 1?f Tna: Ire use of a prin:BC `•ac%irnoe p;the co'aorate seal of me Company and of the Sig-ja:ure of an A55'Stanl Secretary on any cemf.cai,on of the Correctness of a Copy of an rGs,rtrmeflt executed by:he President or a V.ce-President pursuanl to Arl.Cle:'lt-Section I.of the By-Laws appointing and au:horizing an allorney•in-fact ,o sign .n ,ne name and on behalf of the Company suety bonds. underwriting undertakings or other instruments aesCrd)ed .n said Article Vtl. SeC,ion t. w-th like effect as if such seat and 5uCh signature had been manually aft:=eo anc mane- here0y r5 authorized and approved IN WITNESS WHEREOF I have hereunto set my hand and affixed tree corporate seal of the Company to these presents this 20ih day of APRIL 1993 rR 1927 t` • <"' ASS,S:an! Secretary SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY PROPOSAL BOND BOND NO. 766046(18345) PREMIUM: INCLUDED IN BBSU �Cnaro all Men rig �>'ax �rr�lnms: THAT WE, SULLY-MILLER CONTRACTING COMPANY as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as obligee,in the sum of ten percent (10%) of the total amount of bid in DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 20th day of APRIL 19 93 . WHEREAS, the said principal is herewith submitting its proposal for CENTRAL LIBRARY EXPANSION PHASE II SITE WORK CASH CONTRACT #875 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. SULLY-MILLER CONTRACTING COMPANY Bidders Iioense no. is 001538 A Trio Iiccnsa expiratior,date is 2� — . Tt.E representations - maWe hareir,are maDe :AWar fib• SLAIR SSIS ANT SECRETARY— Penalty�A, Ftk'I"ry' SEABOARD SURE Y CO Y Form 116 Irene Lau, Attorney-in-Fact - Continental Insurance. BID BOND KNOW ALL MEN BY TIIESE PRFSI:NTS: That, Terra-Cal Construction, Inc. of Baldwin Park .. , State of CA . ... ... hereinafter called the Principal, and.. Firemen's Insurance Co. of Newark, NJ hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach -- - --- ------ ------ ---I.... ... of - Huntington Beach . Stare of __. CA hereinafter called the Obligee, in the sum of ten percept the .amount..bi.d-An. (.1.QU_ hollars; for the payment whereof to the Obligee the Principal bind their heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly by these presents. Signed, scaled and dated this 20th..... day of..-. April A 19 .93 1? � -. Thereas the Principal is herewith submitting the accompanying bid dated . April 20, 1993 for Central Library Expansion Phase II - Site Work - Now. Therefore. the condition of this obligation is such that if the bi,l br accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) (jays after notice of rho award of the contract, enter into contract with the Obligor, to furnish all work and material at the prices offered by saw[ Lid. and will furnish bond with good and sufficient surety or sureties,as tray be require(!, for the faithful and proper fulfillment of such contract, then this obligation shall be void. ,And the Surety hereby binds itself and its successors CO pay to the Obligee, in case the Principal fans to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the [titter amount he to excess cf tl:e former, bu: in no event -,hall the Surety's liability exceed the penal sum hereof. In u ftncss Whereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. Terra—Cal Construction, Inc. (Seal) • .... .. .. . . . . .. . ....... PrincipaVt By: ..William L. Tyler, Presid Firemen' s Insurance Co. of Newark, NJ . .......... 8y: _ ..� ......-.. - N p Attorney )fUNSI_NGEK Bard 126aD Rm�d n ll Firemen's .Insurance Company of Newark, New Jersey r GENERAL POWER OF ATTORNEY Know all men by these Presents, Thai the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does nuke,constitute and appoint John D. Mtansinger of Glarwiete, California its true and lawful attorney,for it and in its name,place,and stead to execute on behallof the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All obllpees provided that no bond or undertaking or contract of suretyship executed under this authorityshall exceed in amount the sum of Ten Million (10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the 131h day of January,1989: "RESOLVED,that the Chavinun of the Board.the Vice Chairman of the Board the hes.dent,an Execut"Yrce Resident or a Senior Vice Pnmkkru or a We Resident of the Company.be,and thhu each or any of them hereby is.audwdied io execute Powers of Atsorney q"Wyvq the attanwy named in the yven Power of Money to execute in behalf of the FIXEmEN'S INSURANCE COMPANY OF NEWAM NEW JERSEY,bonds,undenaLrhpt and aA corwwts ofsureryahip.and that an Assistant Vice President a Secretary oranAasiyant Seaeury be,and that each or any of them hereby is.uAhoAzed to anent the execution of any such Pourer of Momey,and to attach thereto the seat of the Company. FURTHER RESOLVED,that the siVuturea of such ofrxxn and dte wai of the company rmy be armed to any such Porter of Anon ey or to any certificate retasing thereto by facsimile."arty such Power of Attomey or cenifkwe bearinti sucit tacsintile synatures or facsimile seat sftail be vatic and birhdirq upon the Company when so alfuted and In the future with respect to arty bond.undertak,nB or contract of suretyship to which Y is attached' In Witness Whereof,the F(REMEN'S INSURANCE COMPANY OF NEWARK.NEW JERSEY has caused its official sea)to be hereunto affixed. and these presents to be signed by one of its trice Presidents and attested by one of its Assistant vice Presidents this 1 day of !larch , 19 91 FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY Attest. - By t9 0 C—" - L D.L Banta,Assistant Vrce Pres:deN Emil a.Askew,VKe Resident STATE OF CONNECTICUT ) s� COUNTY OF HARTFORD On this 11 day of March . 19 91 before me personally came Emil B.Askew,to me known,who being by me duly sworn,did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,the corporation described in and which executed the above instrument;that he knows the sea(of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. oNE� GLORIA D.SEEKIHS NOTARY PUBLIC CERTIFICATE µy cOavn4won Lxpu"March 31.1"3 I,the undersigned,an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY,a New Jersey corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the town of Farmington,the State of Cunnecticut. Dated the 20th day of Apri I •19 93 Lane.As trice Presiders 71 Rr1Nr)AAKI 2L: Printer!in U.S.A. INSURANCE COMPANY OF THE WEST P. 0. BOX 85563 • SAN DIEGO. CALIFORNIA 92138.5563 1111) Olt PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, WAKEHAM—BAKER, INC. (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing bus:rless u.de and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars (S 10% OF BID ) lawful money of the United States of America, for the payment of which,well and tru'.y ;o b2 made,we hereby bind ourselves and our and each of our successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 4-20-93 for CENTRAL LIBRARY EXPANSION, PHASE II — SITE WORK in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN 1.141TNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 14th day of APRIL 119 93 WAKEHAM—BAKFR. IBC. INSU A E COt A Y THE VdEST 1 B Y ICI CHAEL D. ST 4G Attornty•1n-Fact Icw CAL Tzo INSURANCE COMPANY OF THE WEST }TOME OFFICE: SAN dIEGO,CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: MICHAEL D. STONG its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, pfa6e and stead, to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973. which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys•in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 21ST DAY OF OCTOBER 1986 .OPA*r� INSURANCE COMPANY THE WEST E� X ti �'tnOFx�* President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 21ST DAY OF OCTOBER 'before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. . a. �ar:�7��4��h�S�Yl•�� • G=FIC:A;.SEAL �tA-.. t:c•r•,�.or Flu �.exa Cor>•ry Notary Public rVlt�'�a'.i�'' _`1'�_�;'_4•z"d'a"i'1AA2tif1�llrt STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect,and has not been revoked. IN WITNESS WHEREOF, I have hereunt }}ubscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 14th day of APRIL 19 �3 t�oyFMHro N r4InaRx`� ICW CAL 37 (REV. 5/82) /s NOTICE INVITING BIDS CC-875 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on April 20, 1993, at which time they will be opened publicly and read aloud in the Council Chambers for the Central Library Expansion Phase 11 - Site Work in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on March 23, 1993, at Anthony and Langford/Architects, 16152 Beach Boulevard, Suite 201, Huntington Beach, California, telephone (714) 848-1818, upon payment of an $80.00 non-refundable fee, or upon a payment of a $100.00 non-refundable fee, if mailed. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the. special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 15 of March, 1993. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 3405g/7 STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a pn'icipal cleric of the HUNTINGTON BEACH PUBLIC NOTICE rovem ants.conform to�e INDEPENDENT, a newspaper of general �°" a the mot°of 9 NOTICE Californiara and other laws of circulation, printed and published in the City of INVITING 5 the State of to.tivoth the CC-873 W-cable thereto. v�nth the Huntington Beach, County g State of Notice is hereby given exception Only o}such iced Caun of Orange, that sealed bids vnu be re-I atidrts mat may be required Cafifomia and that attached Notice is a true and ceived B the City of Hun- under m t special statutes , Frngron Reach at the oltice Pt+r suartt l0 wtt[ch proceed- Of ttte City Clerk at Gty utgs hereunder are taken complete copy as was printed and published In Hall, 2000 Main Street. and vmich have not been Huntington Beach. Captor- superseded by Me provr- the Huntington Beach and Fountain Valley until me hour of 2:00 stone or me Labor cod°• p m- an April 20. 1993. at Preference to Cabo► shall issues of said newspaper to wit the issue(s) of: 1w",vh lime they will be be given only In Via man' opened publicly and read rter prO-ded y law_ aloud in the Council Cham- No brd shall be cortsid- ben for the Central Library erod unless it is made on a Eiipangion Phase p - 5,1E form furnished by the City Work in the City of Hun. of Huntington Beach and is tington Beach, made in accordance with A set of plans. specifica- the provisions Of Me pro- tions. and other Contract d°Shc requir0m0"a- dOCuments may be ob- Each bidder must be ti- tained On March 23, 1993. tensed and also prequall- at Anmony and Langford/ lied a$required by law. Architects. 16152 Beach The City Council of the Botdavard. Suite 201. Hun. C'ty of Huntington Bean, April 1 , 8, 15, 1993 lvnglon Beau'. California. reserves the right to reject telephone (714) 849.1818 any or a0 bids upon payment of an$80-66 By order of the City Coun- non-refundable fee, or cri of the City of tfunuroon upon a payment of a Beach. California the 15 of St00-00 non-refundable March, 1993- fee•if mailed. Connie Brockwayj Each bid shop be made City Clark of tM CItY*I- on the Propose! Form and Huntington Borsch, In the manner provided in 2000 Main Street the contract documents. 17141 S38.5431 and shall be accompanied Published Huntington by a certified or cashier's Beach-Fountain vauey In- less than 10% of the Check a bid bong for not dependent April 1, 8. 15. amount of the bid. made- t` • payable to the City of Hun- 0412S7 lington Beach. The Coa- t declare, under penalty of perjury, that the tractor 3tWf In the perform. once of the work and krn- foregoing is true and corm. Executed on April 15 t t 99 3 at Costa Me s Califomia. Signatu �% PROOF OF PUBLICATION REQUEST FOR CITY COUNCIL ACTION Date March 16, 1993 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator 1 3 - I r Iy�. Prepared by: Ron Hayden, Director of Library Services . j0W�Eouis F. Sandoval, Director of Public Works r errx ci.r:R Subject: CENTRAL LIBRARY EXPANSION PROJECT — PHASE H; CONSTRUCTION OF ADDITIONAL PARKING; CC-875 Consistent with Council Policy? [ Ves [ l New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments. *tJ STATEMENT OF ISSUE: Plans and Specifications for the construction of the Central Library Parking Master Plan are complete. RECOMMENDED ACTION: 1. Approve the Plans and Specifications and authorize the Director of Public Works to solicit bids for the construction of 700 parking spaces at the Central Library Facility. 2. Approve the attached Sample Construction Contract subject to award of contract to Council approved lowest responsive bidder and authorize execution of final contract. 3. Authorize the Director of Finance to transfer $1.5 million from the City's Unappropriated Library Expansion Fund Balance to the project. ANALYSIS: On July 5, 1988, Council approved the selection of Anthony & Langford to prepare Plans, Specifications, and a probable cost estimate for construction of a Children's Wing (Phase One) of the Central Library. Plans and Specifications for Phase One were completed and approved By Council on October 17, 1991. On January 21, 1992, Council awarded a contract to Gentosi Brothers for the construction of the Phase One improvements. These improvements are scheduled to be completed in late 1993. On August 7, 1989, Council approved expanding the scope of the Library Expansion Project to include, in part, a Parking Master Plan including approximately 700 parking spaces over a portion of Talbert Avenue. These improvements were not included in the Plans and Specifications for the Children's Wing because the City had to first officially delete Talbert Avenue between Gothard and Golden West Streets from the Orange County Master Plan of Arterial Highways. Further delays were also created due to the design and permitting of a menthane venting system for the lot. Therefore, the construction of the additional parking is designated as Phase Two of the Central Library Expansion Project. 1� PIQ 5/85 ACA; CC-875 March lb, 1993 Page two 'deally, the construction of the additional parking should be completed no later than the Phase One improvements. Therefore, it is imperative that construction begin no later than May of this year. Anthony & Langford has completed the PIans and Specifications for the construction of these improvements; therefore, the Director of Public Works recommends approval of the documents and requests the authorization to solicit bids for construction. FUNDING SOURCE: The estimated cost of constructing the additional parking is $1.5 million. Funds to cover these improvements are to be obtained from the City's Unappropriated Library Expansion Fund Balance. ALTERNATIVE ACTIQN: Deny approval of $1.5 million transfer from the City's Unappropriated Library Expansion Fund Balance and forego the construction of these improvements. ATTACHMENTS: Fiscal Impact Statement Sample Construction Contract Parking Master Plan MTU:LFS:DRN:gd 3398g/4&5 �* �! CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION nuNttNGTON M%01 TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED FUNDING FOR PARKING LOT IMPROVEMENTS AT THE CENTRAL LIBRARY FACILITY, FIS 93—" DATE: MARCH 2, 1993 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $1 ,500.000 to provide for the construction of parking lot improvements and the realignment of the eastern entrance at the Central Library Facility. Upon approval of the City Council , the balance of the undesignated, unreserved Library Expansion Fund will be reduced to $58,000. ROBERT ANZ Deputy City.Administ for RJF:skd WPADSERT:1304 � / � � f | ` . � \ ' ------ | EVANSJON Orl Ice ^x ClTY OF HUNT|wGTON BEACH HUNT|NGTON BEACH LIBRARY ADDITION ANTHONY AND LxNQPORD/ARCHITECTS SITE PLAN FEE 24 '97 07:54 A"!THOfl'r r;t lG LANGF CIR[i 708 Pon SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF PARKING LOT IMPROVEMENTS AT THE CENTRAL LIBARARY FACILITY i THIS AGREEMENT is made and entered into on this day of 1993 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and a California corporation, hereinafter referred to as "CONTRACTOR. " ' WHEREAS, CITY has solicited bids for a public works project, I hereinafter referred to as "PROJECT, " more fully described as the construction of parking lot improvements at the Central Library ility in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the patties covenant and agree as follows : 1 . STATEMENT OF-WOJZK1 ACCEPTANCE QF -RIS ' I CONTRACTOR shall furnish, at its own expense, all labor , I plans , tools , equipment, supplies , transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or i ' damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered i in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension ' 1495 :AJFk: 1/93 1 FEB 07:5a ANTHIDNY A.14D LAHWORD 2-S WOE` i 1 or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However , the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . s 2 , gCr,EPTANCE OF CONDITIONS OE W PLANS-AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with i all the terms , conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of i the job site, and the conditions under which the work is to be ' performed, and that it enters into this Agreement- based upon its investigation of all such matters and is relying in no way upon 1 any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and i effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors , if any, shall 'be bound by said I Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . I "Contract Documents" as defined herein mean and include: i A. This Agreement ; B. Bonds covering the work herein agreed upon; i l ` 495 :AJFk: 1/93 2 FEE 24 '9' 07:55 PNTHON'i P.14D D:=I�JCGPnPD 388 PO-z I t C. The CITY' S standard Plans and Specifications and special contractual provisions , including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Stanaard SpgCifiCations for Public Works CQnstru Lion, published by Builder ' s News, Inc . , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans , specifications , special provisions and addenda applicable to the PROJECT. Anything 1 mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications , shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans , specifications, special provisions , or addenda, the matter shall be immediately submitted r j by CONTRACTOR to the Department of Public Works of CITY i (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense . i Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this 495 :AJFk: 1/93 3 FEE 24 '93 07:5E. HNiHONY AND LNNGFORC, ..,8o P05 t . Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, ` subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents , a sum not to exceed ($ ) . as ' set forth in the Contract Documents, to be paid as provided in 4 this Agreement . 4 . COM ENCEM]ENT OF .PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) a working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works , excluding delays provided for in this Agreement . 5 . TIME-OF _THE USENCE The parties hereto recognize and agree that time is of ' the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings , details and samples , and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors 495 :AJFk: 1/93 4 FEB 24 07:S7 ANTHOHY AME, LANrFOPD ;88 POPS k and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed i j and the priority of the work of other contractors, subcontractors j and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGF+S i CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not ? i pay any extra charges made by CONTRACTOR that have not been agreed i upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit j immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by i the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 495 :AJFk: 1/93 5 FEE 24 'a, 0 s:1.7 ANTHL-INY PIND LHIdGFORD P 0 7 E.E. 7 . NOTJCE TO PRQCEED No work, services , material , or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY 1 does not warrant that the work site will be available on the date i the Notice to Proceed is issued . In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S . ]BOND CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement , furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR' S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY' S acceptance thereof; and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. i 9 . The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to , any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 495 :AJFk: 1/93 6 FEB 24 '93 07:56 ANTI-ODHY AND LA14C FORD 7BR Poe f 10 . INL7EPMDENT CO NNTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security , state disability insurance i compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees , and all business licenses, if any, in connection with the PROJECT. 11 . LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is , and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event i of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of _ __ Dollars ($ ) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages f herein provided, and further agrees that CITY may deduct the I amount thereof from any monies due or that may become due to ` CONTRACTOR hereunder. r - 495 :AJFk: 1/93 7 l FFB 24 '9; A7:59 AIATHON'T' AND I.AHCrORD 'BR F'79 f f CONTRACTOR will be granted an extension of time and will not he assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics , quarantine restrictions , strikes , unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a Further 1 period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment , the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise 4 caused by or resulting from default -or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no f allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen 15 days of the _ r ( ) Y commencement of such delay. f r 495:AJFk: 1/93 8 r ' r FEB 24 '9? nJ?:55 PHTHONY AND LANGFORD P10 No claims for additional compensation or damages for delays , irrespective of the cause thereof , and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors , will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS ( 1) ft-tice: The CONTRACTOR shall promptly, and before E such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the I f job site differing materially from those indicated in this I ' Agreement or the Contract Documents; or , (b) Unknown physical conditions at the job site, of i an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall f promptly investigate the Conditions and if it finds that such conditions do materially so differ and cause an increase or i decrease in the time required for performance of any part of the work under this Agreement , whether or not changed as a result of such conditions , an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time EXtension: No claim of the CONTRACTOR under i this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . V.A IAT IN E 11MAT D QUANTITIES I The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for i 495:AJFk: 1/93 9 i I r FFP ?4 '93 OR:00 ►JNTHONY a'JD LHNGFOPE, �-88 FI1 i the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid i schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances , order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under i this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRF�SS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%)- will be deducted and retained by CITY and the remainder, less the amount of all previous i t payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, 1 faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the I ' 495 :AJFk: 1/93 10 I L FEE! _24 nn:01 AHTHOHY ANP LAHGFnr-p ply I i CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment , if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the j acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate i - signed by the DPW, affirming that the work for which payment is I demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due f ' under the terms of the Agreement . Partial payments on the 1 contract price shall not be considered as an acceptance of any I part of the work. F 15 . K1THHELp„CQNTRACj FUNDS,_ SUS_$ I7,UT10V OF SECURITIES } At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this i agreement. i F 16 . AEFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this i Agreement , CONTRACTOR shall file with the DPW its affidavit 1 stating that all workers and persons employed, all firms supplying ' materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for i 495 :AJFk: 1/93 11 i I - � `` FEB 214 '93, Fie:02 AHTHONY AND LAHG ORD ?8P-1 P1� I 1 either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to withhold which have been filed under the provisions of the statutes of the State of. California . 17. WAIVFR OF CLAIM5 The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 1B . INDEMNIFICATION. DEFEH5E, HQ_Li7__HARMLES CONTRACTOR hereby agrees to protect, defend, indemnify i and hold and save harmless CITY, its officers , and employees against any and all liability, claims, judgments , costs and demands , however caused, including those resulting from death or r injury to CONTRACTOR' S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. ' 13 . WQRKERS' CQMPENSATIgN INSU AR NCE E Pursuant to the G_alifornia Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation, CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing I performance of the work hereunder . 495 :AJFk: 1/93 12 •1 FEB 7�4 .93 08:02 AHTH01JY PI-111 LANGFORD I � _ i CONTRACTOR shall maintain such Workers ' ' Compensation Insurance in an amount of not less than One Hundred Thousand t I Dollars ($100 , 000) bodily injury by accident, each occurrence, One 1 Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250 , 000) bodily f Iti injury by disease, policy limit , at all times incident hereto , in 4 forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the I subcontractors ' employees . CONTRACTOR Shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INS IURAN�E CONTRACTOR shall carry at all times incident hereto , on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage. products/completed operations, and blanket contractual liability. f Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies -in forms satisfactory to CITY for all operations , subcontract work, contractual obligations , product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers , agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full Force and effect during the life of this Agreement , in an amount of not 495 :AJFk: 1/93 13 E FEF. 12-4 '93 09:03 ANTHONY AHD l_Ar`IGFORD 0- P15 I I less than One Million Dollars ($1, 000, 000) combined single limi.t coverage. If coverage is provided under a form which includes a 4 designated general aggregate limit, such limit shall be no less F than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known i depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide i certificates evidencing the same. 44_ 21 . CERTIFICATES OF�INSURANCE; ADDITIONAL INSURED,EN2QR.5-EMd:& i f Prior to commencing performance of the work hereunder , CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing S insurance coverages as required by this Agreement ; said j certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to i CITY. CONTRACTOR shall, maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not I derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement . CITY or its representative shall I at all times have the right to demand the original or a copy of i all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required . I I f 495 :AJFk: 1/93 14 FEB 24 '93 08:04 ANTHONY A1JD LAHGFLlPD 3es P16 S A separate copy of the additional insured endorsement to each of CONTRACTOR 'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder . 22 . DEFAULT AND_ TERINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an + assignment for the benefit of creditors or becomes insolvent , or ` violates any provision of this Agreement or the Contract writing intention to Documents , CITY may gyve notice in r i g of its terminate this Agreement . Unless the violation is Cured within f ten ( 10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, � y, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time . Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement ; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the 4 progress payments then or to become due to CONTRACTOR. 23 . PUP_Q$ITION OF PI,,ANS. JESMMJES At4O OTHER _DOCUIKENTS i CONTRACTOR agrees that upon completion of the work to be { performed hereunder, or upon earlier termination of this } Agreement , all original plans, specifications, drawings , reports , 'I calculations , maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . i I 495 :AJFk: 1/93 15 FEB 24 'q; 09:04 ANTHDAY AND 1_AHCGF0FD 3A3 P17 1 - f , 24 . N N- ABILITY CONTRACTOR shall not sell , assign, transfer, convey or encumber this Agreement , or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOXgES ANDOFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . i No officer or employee of CITY shall have any financial interest .I in this Agreement in violation of California g�r � Sections 1090 et seq. 26 . ST_QP NQTICES_;-_RECQVERY OF ADMINI5TRAT3VE_ CO$T_$ CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees , costs and necessary disbursements arising out of the processing of Stop Notices , Notices to withhold, or any similar legal document . Said r obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any stem 1 or sums owed by CITY to CONTRACTOR under this Agreement . r 27 . IMMIGR CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall , in particular, comply with the provisions of 8 U S.CL 1324a regarding employment verification. 495 :AJFk: 1/93 16 r � FEP =-t ,Q EI6:05 AHTHONY P. ar, rANGWOPr. f Sc 28. NOTrSr S All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPT MS of the Sections of this Agreement Are for conveniRnca and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 30. LFQAL SE VICES SUBCONTRACTINC_PROHIBIZF,-Q F CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and i that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that f pursuant to Huntington Beach City Charter S 309 , the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 495:AJFk:1/93 17 f • F F_F, �'' FIG:nr, ANTH 1H'i' HF1D LAt4GFF1FL' F'1Q 31 . EN�.IR T_Y The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this ` Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: (Signature) Mayor Narne (type or print) Title (type or print) By.' - r -i gr,ture) Nnrn (type or print) Title ( type or print) ATTEST- APPROVED AS TO FORM: City Clerk „ City Attorney h'd�- J 1 REVTI -.,F.D AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works I 495 :AJFk : 1/93 18 PJ40lO CREATE A FILE (35 characters grid) 412ov� - - - - � �.o• d - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AFTER FILE FOLDER IS COMPLETED, CHECK HERE: & RETURN THIS FORM TO EVELYN! 0895I s .f .. A